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THE LIBRARY

THE UNIVERSITY

OF CALIFORNIA

LOS ANGELES

GIFT

KANSAS

CONSTITUTIONAL CONTENTION

A REPRINT OF THE PROCEEDINGS AND DEBATES OF THE

CONVENTION WHICH FRAMED THE CONSTITUTION

OF KANSAS AT WYANDOTTE IN JULY, 1859.

"also -

The Constitution Annotated to Date,
Historical Sketches, Etc.

By AuthoHUj of the State Legislature.

PRINTKD BY

KANSAS STATE PRIXTIXG PLANT
I.MRi Zi MWALT, State Pkintkr

TOPEKA

1920

8-778

Compiled, under the direction of State Librarians James
L. King and Winfield Freeman, hy Harry G. Larimer, bill-
drafter and chief of legislative reference library.

TABLE OF CONTENTS.

PAGES.

Authority for Reprinting the Proceedings 4

'OREWORD 5- 6

E Historic Peace Act and the Convention Act 7-11

P >oceedings and Debates of the Convention 13-573

The Constitution Adopted by the Convention 574-592

Appendix A.

Amendments and Convention Proposals Submitted since the
Adoption of the Constitution:

1. Amendments Adopted 593-594

2. Amendments Pending (determined by the election of

1920) 594-596

3. Amendments Rejected 594-596

4. Constitutional Convention Proposals 594-596

5. Amendments Proposed — Popular Vote 595

Appendix B.

Constitution with Amendments Incorporated and Annotated to

date 597-651

Appendix C.

History of the Wyandotte Constitutional Convention:

1. The Wyandotte Constitution, by Benjamin F. Simpson. . . 652-662

2. The Wyandotte Constitutional Convention, bv John A.

Martin (Appendix C-2) .'. 663-675

Appendix D.
Sources of the Constitution:

1. Sources of the Constitution of Kansas, by Rosa M.

Perdue 676-696

2. The Sources of the Wyandotte Constitution, by Robert

Stone (Appendix D-2) 697-700

Appendix E.
The Rejected Constitutions, by T. Dwight Thacher 701-713

Bibliography: Appendix F.

1. Conventions and Constitutions 715-724

2. Biographical 724-727

Indexes 72!t-77]

(3)

AUTHORITY FOR REPRINTING THE PROCEEDINGS

OF THE WYANDOTTE CONSTITUTIONAL

CONVENTION.

Chapter 317, Laws of 1919 — Senate Joint Resolutiox Xo. 3.

RELATlxr; to the i-eprinting, indexing, binding: and distribution of the pioceedings and
debates of the Kansas "Wyandot (Wyandotte) Constitutional Convention.

Whereas, There are but five or six copies of the proceedings and debates
of the constitutional convention by which Kansas entered the sisterhood of
states in existence; and

Whereas, There ig but one of these copies in the state Hbrary and that
one, on account of its rarity and vahie, must be kept locked in a vault; and

Whereas, These proceedings should be made accessible to the constantly
increasing number of scholars, publicists, statesmen, historians, and jurists:
now, therefore, be it

Resolved by the Legislature of the State of Kansas:

Section 1. That the state librarian is directed to prepare and furnish to
the state printer an exact copy of such proceedings with footnotes calling
attention to typographical mistakes occurring in the text, with appendixes
consisting of: The constitution as originally adopted; the constitution as
annotated to date; a historical review, prepared by the librarian, of each
amendment submitted to the constitution to date, -mth a systematic, scien-
tific and complete table of contents and index thereto, together with such
instructions as he may see fit to make as to the type, arrangement, size
and binding of the reprinted volume.

Sec. 2. That the state printer shall print, bind and furnish to the state
librarian, at as early a date as possible, fifteen hundred copies of such re-
print substantially and enduringly boimd in sheep or buckram, or part in
sheep, and part in buckram, as the state librarian may determine.

Sec. 3. That upon the receipt of such reprinted volumes the state li-
brarian shall distribute the same as follows: One copy to every member of
each house of the state legislature; one copy to each department of stkte
having offices in the state house ; one copy to every member of the supreme
court; one copy each to the clerk and report (reporter) of the supreme
court; five copies to the attorney-general's office; five copies to the State
Historical Society; one copy to every district court in the state; one copy
to every board of county commissioners in the state; one cop3^ to every
public library in the state; one copy to every state institution; one copy to
every law school in the state; one copy to every state library in the United
States; two copies to the Department of .Justice of the United States; two
copies to the Library of Congress of the United States; one copy each to
the .iudge and attorney of the federal judicial district of Kansas. The li-
brarian shall reserve one hundred copies for exchange purposes with legis-
lative reference and bill-drafting departments, or other public agencies of
other states of the Union; shall i^iace ten copies in the permanent files of
the library; and shall reserve the remainder to be sold by him to persons
applying therefor, at S2 per volume, i)lus transportation charges.

Sec. 4. That this resolution shall take efi'ect and be, in force from and
after its publication in the official state paper.

Approved March 7. 1919.

Published in oftii-ial state paper March 13, 1919.

(4)

FOREWORD.

Under my supervision, the State Library staff compiled this volume in
obedience to the authority conferred by act of the Legislature at its regular
session in 1919.

To the proceedings of the Wyandotte Constitutional Convention, re-
printed on the convention's order by its official reporter from the Com-
mercial Gazette, I have thought it wise and helpful, because of the ex-
tended and. at times, acrimonious debate over the membership of the
convention, to reproduce the territorial act authorizing its proceedings,
and to add six appendixes.

"Appendix A," in five tables, is concerned with the amendments and
convention proposals submitted subsequent to the adoption of the consti-
tution, and shows: the year submitted; the section and article of the con-
stitution to be amended ; the number of the amended section as it appears
in the General Statutes of 1915; a condensed statement of the subject-
matter of the proposed amendment ; the popular vote by which the propo-
sition was adopted or rejected, and other special information concerning
the amendment and its relation to other amendments and to the constitu-
tional history of the state.

"Appendix B" reproduces the constitution with the amendments incor-
porated, annotated with the decisions of the Supreme Court to its adjourn-
ment in July, 1919. The annotations of the General Statutes of 1915 have
been retained, followed by others upon decisions rendered since the publica-
tion of that compilation.

"Appendix C" consists of two articles dealing with the history of the
convention that framed the constitution. The first article was written by
Hon. B. F. Simpson, a member of the convention, and afterwards Commis-
sioner of the Supreme Court, and the other, by Hon. John A. Martin,
secretary of the convention, and twice governor of the state.

"Appendix D" treats of the sources of the constitution in two articles,
one written by Rosa M. Perdue, formerly connected with the State Univer-
sity, and the other by Hon. Robert Stone, an ex-speaker of the Kansas
House of Representatives.

"Appendix E" is a historical sketch of the first three attempts at con-
stitution-making in the Territory of Kansas. These essays were named the
Topeka, Leavenworth and Lecompton Constitutions, from the respective
cities in which the conventions held their sessions. The sketch was the pro-
duction of Hon. T. Dwight Thacher, afterward a state printer of Kansas.

"Appendix F" is a bibliography of the material accessible in the Kansas

(5)

6 Foreword.

State Library for a study of the state's constitution and of the men who
hewed out and.fitted together the timbers of our organic law.

The articles by Messrs. Simpson and Thacher. and by ]Miss Perdue are
reprinted from the "Kansas Historical Collections" by the permission of the
State Historical Society.

The excerpt from Mr. Stone's article is taken from Vol. 2, "Kansas
and Kansans," and is republished here through the courtesy of the editor,

Hon. William E. Connelley.

Governor ]\Iartin's contribution is found in a volume entitled "Ad-
dresses,"' printed by him for private circulation.

ja:\ies l. king,

State Librarian.
ToPEKA, September 1, 1919.

The compilation of this volume was finished and the first sisnatures were
in print at the date of the death of ]Mr. James L. King, since which time the
work has been reexamined and additional references to authorities made.

WIXFIELD FREEMAX.

State Librarian.
ToPEKA, May 1, 1920.

THE HISTORIC PEACE ACT AND THE
CONVENTION ACT.

The fifth session of the Kansas Territorial Assembly, convened in Le-
compton, and concluded at Lawrence, during the months of January and
February, 1859, enacted "the Peace Act," unique in the annals of American
statutory law, and also the statute which resulted in the formation and
adoption of the state constitution and the organization of the state govern-
ment thereunder. Although not printed in the Gazette, the editor pre-
sents the texts of both acts as explanatory of the long-continued debate on
the membership of the convention, and showing the source of the '"Sched-
ule" attached to the constitution. (See discussions on pages 32-33, 40-52,
53-54, 57-66, and the "Schedule." pages 200-203. 4S2-497, 507-508.)

THE PEACE ACT.

Section' 1. That no criminal offense heretofore committed in the coun-
ties of Lykins. Linn. Bourbon, McGee. Allen and Anderson, growing out of
any pohtical differences of opinion, or arising, in any way, from such politi-
cal differences of opinion, shall be subject to any prosecution, on any com-
plaint or inchctment, in any court whatsoever in this Territory.

Sec. 2. That all criminal actions now commenced, growing out of po-
litical differences of opinion, shall be dismis.sed.

CONSTITUTIONAL CONVENTION ACT.
Chapter XXXL, L.\ws 1859 (Territorial).

AN ACT providing for the formation of a Constitution and State Government for the

State of Kansas.

Be it Enacted by the Governor and Legislative Assenibhj of the Territory
of Kansas :

Section- 1. That an election .^hall be holden in the several voting pre-
cincts in the Territory of Kansas, on the fourth Monday of ]\Iarch, a. d.
1859, at which the qualified electors of the said Territory shall determine
for or again.st the formation of a Constitution and State Government for
the State of Kansas, in the following manner, to wit: All legal voters under
the provisions of this act, who may be in favor of the formation of a Con-
stitution and State Government, ,«hall be entitled to vote a written or
printed ballot, inscribed "For a Constitution": and all legal voters as
aforesaid, who may be opposed to the formation of a Constitution and
State Government, shall be entitled to vote a written or printed ballot,
inscribed "Against a Constitution."

Sec. 2. That if. upon counting the returns of said election, in the man-
ner hereinafter prescribed, it shall be found that a majority of the legal
voters of said Territory shall have voted "against" the formation of a Cou-

(7)

8 Constitutional Convention Act.

stitution and State Government, the Governor of the Territory shall issue
his proclamation in accordance with the facts, and that the remaining pro-
visions of this act shall be inoperative and void; but if, upon counting the
returns of said election, in the manner hereinafter prescribed, it shall be
found that a majority of the legal voters of said Territory shall have
voted "for" the formation of a Constitution and State Government, the
Governor of the Territory shall issue his proclamation in accordance with
the facts, and that the remaining provisions of this act shall remain in full
force and effect.

Sec. 3. That an election shall be holden on the first Tuesday of June,
A. D. 1859, in the several voting precincts in the Territory of Kansas, for
delegates to a convention to frame a Constitution and State Government
for the State of Kansas.

Sec. 4. That said convention shall be composed of fifty-two members,
to be apportioned among the several districts of the Territory as follows,
to wit: The county of Leavenworth shall constitute the first district, and
shall elect ten delegates ; the county of Atchison shall constitute the second
district, and shall elect three delegates; the county of Doniphan shall con-
stitute the third district, and shall elect five delegates ; the county of Brown
shall constitute the fourth district, and shall elect one delegate; the county
of Nemaha shall constitute the fifth district, and shall elect one delegate;
the counties of Marshall, Washington and Arappahoe shall constitute the
sixth district, and elect one delegate; the county of Jefferson shall con-
stitute the seventh district, and shall elect one delegate; the county of
Calhoun shall constitute the eighth district, and shall elect one delegate;
the county of Riley shall constitute the ninth district, and shall elect one
delegate; the comity of Pottawattamie shall constitute the tenth district,
and shall elect one delegate; the county of Johnson shall constitute the
eleventh district, and shall elect two delegates ; the county of Douglas shall
constitute the twelfth district, and shall elect seven delegates; the county
of Shawnee shall constitute the thirteenth district, and shall elect three
delegates; the counties of Richardson, Davis, Dickinson and Clay shall
constitute the fourteenth district, and shall elect one delegate; the county
of Lykins shall constitute the fifteenth district, and shall elect two dele-
gates; the county of Franklin shall constitute the sixteenth district, and
shall elect one delegate ; the counties of Weller, Breckenridge and Wise shall
constitute the seventeenth district, and shall elect two delegates; the county
of Linn shall constitute the eighteenth district, and shall elect two dele-
gates; the county of Anderson shall constitute the nineteenth district, and
shall elect one delegate; the counties of Coffey and Woodson shall con-
stitute the twentieth district, and shall elect two delegates; the counties of
Madison, Butler, Hunter, Greenwood, Godfrey and Wilson shall constitute
the twenty-first district, and shall elect one delegate; the counties of Bour-
bon, McGee and Dorn shall constitute the twenty-second district, and shall
elect two delegates; the county of Allen shall constitute the twenty-third
district, and shall elect one delegate.

Sec. 5. That the delegates, elected under the provisions of this act, shall
assemble at Wyandott, on the first Tuesday of July, a.d. 1859, and shall
proceed to frame a Constitution and provide for the organization of a State
Government for the State of Kansas.

Sec. 6. That on the first Tuesday of October, a. d. 1859, the Constitu-
tion thus framed shall be submitted to a tlirect vote of the qualified electors
of the Territory of Kansas, for their ratification or rejection, in such manner
and form as the said convention may prescribe.

Constitutional Convention Act. 9

Sec. 7. That, in case the Constitution, thus framed and submitted,
shall be ratified by a majority of the electors of said Territory, then an
election shall be holden on the first Tuesday of December, a.d. 1859, at
which State officers, members of the State Legislature, judges, and all other
officers provided for under said Constitution, shall be elected.

Sec. S. That it shall be the duty of said convention, in case said Con-
stitution shall be ratified by a majority of the electors voting at the afore-
said election, to provide for its transmission to the Congress of the United
States, asking, by memorial or otherwise, for the admission of Kansas into
the Union, under said Constitution, as a sovereign and independent State.

Sec. 9. That, upon official information, having been by him received,
of the admission of Kansas into the Union as a State, it shall be the duty
of the Governor-elect under said Constitution to proclaim the same, and
to convene the General Assembly of the State of Kansas, and do all things
else necessary to the complete and active organization of the State Govern-
ment.

Sec. 10. That all the elections provided for by this act shall be by l)allot.

Sec. 11. That all white male citizens of the United States, and all those
who shall have declared, on oath, their intention to become such, and all
male Indians who have l^een made citizens of the United States, by treaty
or otherwise, and who shall be over the age of twenty-one years, and who
shall have been bona fide inhabitants of the Territory of Kansas, for the
period of six months next preceding each of the respective elections pro-
vided for by this act, and who shall have been bona fide inhabitants of the
county in which they may offer to vote for ten days next preceding each
of the respective elections aforesaid, and none others, shall be entitled to
vote at the several elections hereinbefore provided for: Provided, That no
officer, soldier, seaman or marine, or other person in the army or navy of
the United States, or attached to the troops in the service of the United
States, shall be allowed to vote or hold office under the provisions of this
act, by reason of being on service in thig Territory.

Sec. 12. That any person, having the qualifications of an elector as
aforesaid, shall be eligible to become a delegate to the convention provided
for by this act.

Sec. 13. That the persons who may be judges of election in the several
voting precincts of this Territor\^, at the time of the respective elections
provided for in this act, shall be the judges of the several respective elec-
tions hereinbefore provided for.

Sec. 14. That the said judges of election, before entering upon the
duties of their office, shall take an oath faithfully to discharge their duties
as such. Said oath shall be administered to them by any person duly
qualified by law to administer oaths ; and, in case no person thus qualified
shall be present at the time of opening said elections, then said judges are
hereby authorized and required to administer such oath to each other.
They shall appoint two clerks of election, who shall also be sworn, by said
judges, faithfully to discharge their duties as such. In the e\-ent of any
vacancy or vacancies occurring in the board of judges, the hystantlers shall
supply such vacancy or vacancies from their own number.

Sec. 15. That, at the several elections provided for in this act, the polls
shall be opened between the hours of nine and ten o'clock a.m., and shall
be kept open until and closed at sunset.

Sec. 16. That the tribunals transacting county bushiess of the several
counties, shall cause to be furnished to the several boards of judges m tlieir

10 COXSTITUTIOXAL CONVENTION ACT.

respective counties, two poll books for each election hereinbefore provided
for, upon which the clerks of election shall inscribe the name of every
person who may vote at the said elections.

Sec. 17. That, after the closing of the polls at each of the aforesaid
elections, the judges of such election shall proceed to count the votes cast,
and designate the persons or objects for which they were cast; and shall
make two correct tally lists of the same.

Sec. is. That each of the boards of judges shall hold in safe keeping
one poll book and tally list, and the ballots cast at each respective election;
and shall, within ten days after such election, inclusive, cause the other
poll book and tally hst to be transmitted, by the hands of a sworn officer,
to the clerk of the tribunal transacting county business of the counties in
which said elections were holden, or to which the county may be attached
for municipal purposes.

Sec. 19. That the tribunals transacting county business shall assemble
at the county seats of their respective counties, on the second Tuesday
after each of said elections, and shall canvass the votes cast at the elections
held in the several precincts in their respective counties, and of the counties
attached for municipal purposes. They shall hold, in safe keeping, the poll
books and tally lists of said elections, and shall, within ten days thereafter,
transmit, by the hands of a sworn officer, to the governor of the Terri-
tory, a certified abstract of the same, showing the number of votes cast for
each person or object voted for, at each of the several precincts in their
respective counties, and at each of the several precincts in the counties
attached for municipal purposes, separately.

Sec. 20. That the governor of the Territory shall issue his proclama-
tion, not less than twentv days next preceding each respective election
provided for in this act. Said proclamation shall contain an announcement
of the several elections, the qualification of electors, the manner of conduct-
ing said elections, and of making the returns thereof as hereinbefore pro-
vided for, and shall publish such proclamation in one newspaper in each of
the several counties of this Territory, in which a newspaper may be then
published.

Sec. 21. That the governor of the Territory shall, on the fourth Tues-
day after each of the said elections, issue his proclamation and cause the
same to be published in not less than three of the most prominent news-
papers of Kansas Territory, declaring the result of the said elections in the
several precincts of the several counties of the Territory of Kansas; and he
shall forthwith proceed to issue certificates of election to all persons (if
any) thus elected.

Sec. 22. That in case of a tie vote between candidates for any of the
offices provided for in this act, or in case of a vacancy by death, resignation
or otherwise, the governor of the Territory shall issue his proclamation for
a new election in the district in which such tie or vacancy may occur; said
proclamation to be issued not less than ten days next preceding said
election.

Sec. 23. That if any officer or person i^hall violate any of the provisions
of this act, he shall l^e deemed guilty of .m misdemeanor, and subject to a
fine of not less than twenty nor more than five hundred dollars, or shall be
imprisoned in the county jail, for a period not exceeding ten years, or both,
at the discretion of the court; and it shall be the duty of the prosecuting
attorneys of the several counties, to i)rosecute, in the name and behalf of
the Territory, all violations of the ])rovisions of this act, before any court
having competent jurisdiction.

CONSTITUTIOXAL COXVKXTIOX ACT. 11

Sec. 24. That the members of said constitutional convention, and all
necessary officers thereof, shall receive for their services, each, the sum
of three dollars per day; and shall also receive three dollars for every
twenty miles travel in going to and returning from said convention; said
travel to be estimated by the nearest traveled route.

Sec. 25. That the sum of ten thousand dollars, or so much thereof as
may be necessary to carry out the provisions of this act, be and the same
is hereby appropriated out of any moneys in the treasury, not otherwise
appropriated, to defray the necessary expenses incident to the formation
of said Constitution and State Government.

Sec. 26. This act to take effect and be in force from and after its
passage.

PROCEEDINGS AND DEBATES,

EMBRACING THE SECRETARY'S JOURNAL,

OF THE

KANSAS

CONSTITUTIONAL CONVENTION,

CONVENED AT WYANDOT, JULY 5, 1859, UNDER THE ACT OF THE TERRITO-
RIAL LEGISLATURE ENTITLED "AN ACT PROVIDING FOR THE
FORMATION OF A STATE GOVERNMENT FOR THE STATE
OF KANSAS." APPROVED FEBRUARY 11, 1859.

By Ariel E. Drapier, Reporter.

PRINTED BY ORDER OF THE CONVENTION, FROM THE COLUMNS OF

The Commercial Gazette.

WYANDOT, KANSAS:

S. D. MACDONALD, Printer to the Convention.

1859.

MEMBERS OF THE CONSTITUTIONAL CONVENTION.

Names.

County.

P.O.

Where Born.

Age. Avocation.

J. M. Arthur

J. Lamb

Caleb May . ^

S. A. Kingman

J. J. Ingalls

J. P. Greer

R. L. Williams

J. A. MiDDLETON

B. F. Simpson

P. H. TOWNSEND . . . .

H. D. Preston

J. C. Burnett

W. R. Griffith

N. C. Blood

T. S. Wright

G. H. Lillie

S. E. Hoffman

A. Crocker

L. R. Palmer

J. J. Blunt

J. Hanway

W. Hutchinson . . . .

J. Blood

S. O. Thacher

Ed. Stokes

S. D. Houston

J. P. Slough

W. McCullough . . .

C. B. McClelland. .

J. W. FORMAN

J. Stiarwalt

E. M. Hubbard

P. S. Parks

F. Brown

S. Hipple

S. T. Stinson

Wm. C. McDowell

A. D. McCune

John Wright

W. Perry

R. C. Foster

RoBT. Graham

J. T. Barton

E. Moore

B. Wrigley

W. P. Button

J. Ritchie

E. G. Ross

J. H. SiGNOR

R. J. Porter

J. M. Winchell. . . .

J. T. BuRRis Johnson

Linn

Atchison

Brown

Atchison

Shawnee

Douglas

Marshall

Lykins

Douglas

Shawnee

Bourbon

Douglas

Nemaha

Madison

Woodson ,

Coffey

Pottawatomie

Anderson

Franklin

Douglas

Riley

Leavenworth .

Morris

Jefferson

Doniphan ...

Doniphan

Leavenworth.
Leavenworth.
Leavenworth.
Leavenworth.
Leavenworth.
Leavenworth.
Leavenworth.
Leavenworth.
Leavenworth.

Atchison

Johnson
Jackson

Doniphan

Lykins

Shawnee

Waubonse .

Allen

Doniphan

Osage

Centerville . . . .
Mound City.. .

Pardee

Hiawatha

Sumner

Topeka

Franklin

Nottingham. . .

Paola

Big Springs . .
Burlingame . . .

Mapleton

Marmaton . . . .
Baldwin City. .

Granada

Emporia

Neosho

Burlington. . . .

Louisville

Walker

Shermanville. .

Lawrence

Clinton

Manhattan.. . .
Leavenworth. .
Council Grove,

Oskaloosa

Doniphan

Palermo

Highland . . . .

Kiekapoo

Leavenworth . .
Leavenworth . .
Leavenworth.
Leavenworth.
Leavenworth . .
Leavenworth
Leavenworth. .

Delaware

Atchison

Olathe

Holton

Troy

Stanton

Topeka

Glenross

Humboldt .

Troy

Superior

Olathe

Indiana 42

Kentucky 44

Massachusetts 38

Massachusetts , 34

Ohio ! 38

Kentucky ! 42

Pennsylvania 25

Ohio ' 23

New Hampshire ... 33
New Hampshire ... I 28

Vermont | 34

39
42
50

Indiana

Vermont

Pennsylvania . . .

Ohio [ 35

Pennsylvania 25

Indiana 34

40
33
49
35
39
28

New York

Maine

England

Vermont

New York

Pennsylvania 35

Ohio 40

Ohio ! 30

Scotland ! 44

Ohio I 30

Kentucky ' 40

Ohio ! 45

Kentucky ' 30

Indiana ' 26

Germany 33

Pennsylvania 28

Maine 26

Ohio : 31

Ohio I 31

Indiana 33

Indiana , 28

Kentucky 24

Ireland 55

Virginia 28

Ohio I 38

Ohio j 29

New Hampshire . . . ' 42

Ohio 41

Ohio 32

New York ; 25

Pennsylvania 28

New York i 35

Ohio I 28

Farmer.

Mechanic.

Farmer.

Lawyer.

Law yer.

Lawyer.

Merchant.

Lawyer.

Lawj-er.

Farmer.

Merchant.

Lawyer.

Farmer.

Physician.

Farmer.

Merchant.

Lawyer.

Manufacturer.

Farmer.

Lawj'er.

Farmer.

Merchant.

Farmer.

Merchant.

Lawyer.

Manufacturer.

Land Agent.

Lawyer.

Farmer.

Lawyer.

Merchant.

Physician.

Manufacturer.

Lawyer.

Farmer.

Printer.

Surveyor.

Merchant.

Farmer.

Lawyer.

President J. M. WINCHELL.

Secretary — J. A. Martin, of Atchison County, Post-office address, Atchison; born Pennsylvania;

aged 21; Editor.
Sergeant-at-Arms — G. F. Warren, of Douglas County; Post-office address, Baldwin City; born

Maine; Farmer.

(14)

CONVENTION PROCEEDINGS AND DEBATES.

[*I] *TuESDAY, July 5, 1859.

In pursuance of law the Convention met for orojanization this day 12
o'clock, M.^ in their Hall in the new levee block in Wyandotte, in the Terri-
tory of Kansas.

Mr. Stixson advanced to the President's table, and reported the in-
formal appointment of himself and other delegates to wait on his Excel-
lency Governor Aledary, and invite him to call the Convention to order;
that they have performed that duty, and the Governor declining to attend
on account of ill health, desired him to make his Excellency's thanks to the
body for their kindness and consideration; and that it was the request of
the Governor that he (Mr. Stinson) should call the Convention to order.
He nominated Col. John P. Slough, of Leavenworth, to serve as President
preliminarj' to the permanent organization.

Mr. Griffith nominated Col. J. Blood, of Douglas.

Mr. Blood was chosen by a rising vote; but it appearing that he was
not in the Hall —

On motion of Mr. Th.\cher, Col. S. A. Kingman, of Brown county,
was chosen to the preliminarv presidencv of the bodv, and he took the
Chair.

TEMPORARY SECRETARY.

Mr. Slough nominated William Spencer to serve as temporary sec-
retary.

Mr. Ritchie nominated John A. Martin, of Atchison.

The President declared Mr. Martin elected, upon a rising vote.

Mr. Stixsox moved that the Chair appoint a Committee on Creden-
tials, to consist of three members, to whom shall be referred the credentials
of the delegates from Wyandotte county.

Mr. Slough opposed the motion as premature. The delegates should be
called and the credentials submitted, before the creation of a Committee on
Credentials.

The motion was rejected.

roll of delegates.

Mr. Slough. I now move that the Secretary pro tern, call the dele-
gates by districts; and that delegates deUver their certificates of election
at the table, as their names are called.

The motion was adopted, and accordingly the following delegates came
forward and laid their certificates of election on the secretary's table:
From the County of Leavenworth, coiyiprising the First District — Messrs.
McDowell, Parks, Brown and Foster.

* Figures and Roman nunier.ils appearing in brackets and followed by stars (*)
throughout the text of this book indicate the a<-tual beginning of the pages corresponding
to those numbers in the original edition of 1859.

(15)

16 CoNVEXTiox Proceedixgs axd Debates.

From the County of Atchison, Second District — ^Messrs. Ingalls, Graham
and Alay.

From the County of Doniphan, Third District — Alessrs. Wrigley. Forman,
Hubbard, Stiarwalt and Forman.

From the County of Brown, Fourth District— ^h\ Kingman.

From the County of Nemaha, Fifth District — Mr. Thomas S. Wright.

From the County of Jefferson, Seventh District — ^Ir. C. B. McClelland.

From the County of Johnson, Eleventh District — Messrs. Barton and Burrie.

From the County of Douglas, Twelfth District — ]\Iessrs. J. Blood, S. 0.

Thaeher. X. C. Blood, W. Hutchinson, P. H. Townsend. Ed. Stokes,

L. R. Williams.

From the County of Shawnee, Thirteenth District — ^Messrs. John Ritchie,
Greer and Preston.

From the Counties of Waubonsa, Davis, Richardson, d-c, Fourteenth Dis-
trict—Mv. E. G. Ross.

Frojn the County of Lykins, Fifteenth District — Messrs. B. F. Simpson,
W. P. Button.

From the County of Franklin, Sixteenth District — Mr. J. AI. Hanway.

From the Counties of Osage, Breckenridge and Wise, Seventeenth District

— ^Messrs. J. M. Winchell, Wm. McCuUough.
From the County of Linn, Eighteenth District— Messrs. Joseph Lamb and

J. M. Arthur.
From the County of Anderson, Nineteenth District — 'Mv. J. J. Blunt.
Fro7n the Counties of Coffey and Woodson, Twentieth District — Messrs.

Crocker and S. E. Hoffman.
The PREsmEXT pro tempore stated that the certificates of the delegates
from Jackson and Pottawatomie counties were on the table before him.

THE WYAXDOTTE DELEGATIOX.

Mr. Bartox moved that the consideration of the omission of the
pll] Representatives of the coun*ty of Wyandotte in the law authoriz-
ing this Convention, and the claims of the two delegates from that county
to seats in this body be now taken up.

Mr. Slough. I am informed that two gentlemen claiming to have been
elected to this body by the people of Wyandotte count}', are present, and
that they pos.se.ss certificates from the Governor to that effect. It seems
to me that the accidental omission in the law should not prevent their
certificates being offered now.

tabled.

Mr. Th.\chek. Mr. President. I think this action i)remature, as sug-
gested once before. I presume the Convention will meet this (piestion in
due time. I therefore move to lay the motion of the gentleman from
Johnson on the table.

Mr. Stixsox demanded the yeas anil nay.s, and they were ordered, and
being taken, resulted — yeas 32, nays 12 — as follows:

Yeas — Messrs. Arthur, .1. Blood, X. C. Blo(jd. Blunt, Bunls, Burnett,
Crocker, Button, Graham, Griffith, Hanway, Hoftman,. Houston, Hutchin-
son, Ingalls, Kingman, Lamb, Lillie, Max, AlcCullough, Middleton, Preston,
Ritchie, Ro.>;s, Signor, Simpson, Stokes, Thaeher, Townsend, Williams, Win-
chell, and Wright of Xemaha — 32.

Tuesday, July 5, 1859. 17

]VT^YS — Messrs. Foster, Forman, Hippie, Hubbard, McClelland, McCune,
McDowell, Parks, Slough, Stiarwalt, Stinson, and Wright of Leavenworth
—12

So the motion was laid on the table.

RENEWED OUT OF ORDER.

Mr. Stinsok. ]Mr. President, I move that Messrs. Bennett and Wel-
born, who have been duly elected by the people of Wyandotte county as
members of this Convention, be admitted to the floor upon their creden-
tials, and allowed to participate in this organization. He stated the con-
(ition of men and parties in this case. The body was not now sitting in
judgment on the qualifications of these delegates. Every member here has
a right to vote prima facie, — not because his certificate of election was
signed by the Governor and bore the great seal of the Territory of Kansas,
but because he was elected by the people. Were gentlemen going to decide
a case without hearing it? Were the people of the county of Wyandotte
to be disfranchised on account of a mistake of the Legislature? Were
gentlemen willing to take advantage of such a mistake for the sake of
strengthening their party? He held that this was an independent bill, de-
riving its authority from no superior source of legislation, but directly
from the people, and being the sole judge of the qualifications of its mem-
bers. The great argument against the Lecompton Constitution was dis-
franchizement — a people deprived of representation by an unjust, a fraud-
ulent apportionment as it was alleged; and yet, with that cry in their
mouths gentlemen were coming in here to practice the same thing against
the people of Wyandotte. He cherished no feeling either personal or politi-
cal in this matter. He would admit Republicans as well as Democrats in
such a case. He desired earnestly, that when the Constitution of the State
of Kansas went out to the people, it might go without the brand of any
sort of political sculduggery.

Mr. Thacher rose to a point of order. The motion now submitted by
Mr. Stinson was out of order, because a similar motion had just been dis-
posed of by the Convention by a vote to lay it on the table. As the
gentleman seemed so desirous to speak, he had interposed no objection till
after he had concluded. But the motion was evidently unparhamentary.

The PfiEsroEXT pro tern, sustained the point of order, and the motion
was ruled out.

APPEAL NOT SUST.A.INED.

Mr. Slough appealed from the decision of the President, and demanded
the yeas and nays and the same being taken, the vote stood, — Yeas 30.
Nays 15.

So the decision of the President stands as the judgment of the Conven-
tion.

RECESS DEFEATED.

Mr. Thacher moved that the Convention take a recess till 3 o'clock
this afternoon.

Mr. Stinsox moved to amend the motion to the effect that the Con-
vention proceed immediately to the permanent organization of the Conven-
tion.

[*III] *The point of order being raised that a motion to adjourn was
not capable of such amendment, the President ruled the amendment out
of order. Mr. Thacher then withdrew the motion.

2 — 778

18 Convention Proceedings and Debates.

ELECTION of OFFICERS.

Mr. Griffith moved now that the Convention proceed to the election
of President, viva voce, but withdrew it at the suggestion of Mr. Winchell
that the roll of delegates should be called first.

ROLL CALL OF DELEGATES.

Mr. Winchell now moved that the roll of delegates be called.

Mr. Stinson moved to amend, by caUing also the names of the dele-
gates from Wyandotte county.

The motion was rejected.

Mr. Winchell's motion was agreed to, and fifty members answered to
their names.

WYANDOTTE DELEGATES.

Mr. Stinson moved that the names of the delegates from Wyandotte
county be now called.

The yeas and nays being demanded, the vote stood yeas 18, nays 29.
So the motion was rejected.

TEMPORARY ASSISTANT SECRETARY.

Mr. Griffith renewed his motion to proceed to the election viva voce
of a President of the Convention.

Mr. Slough moved that the notion be amended so as to authorize the
appointment of an Assistant Secretary to keep a full record of the pro-
ceedings of the Convention.

Mr. Griffith objected to the amendment as not germane to the mo-
tion, and SO out of order.

Mr. Slough replied that if the Secretary pro tern, was not keeping a
full record, these motions which had already been decided upon would have
to be renewed when the Convention was thoroughly organized. It was due
to the Convention that a full record be kept. If the Secretary was not
competent to do it he should be removed, or sufficient help allowed him.
He inquired through the President, whether the Secretary was keeping a
full record?

The Secretary pro tern, admitted to the President pro tern, that he was
not keeping as full a record of the motions as he could desire.

Mr. Slough insisted on his amendatory motion to elect an Assistant
Secretary pro tern.; which was agreed to, and the amendment adopted.

On motion of Mr. Winchell, Mr. Ross was ordered to serve as As-
sistant Secretary.

Objections were taken to Mr. Ross serving because he was a member of
the Convention, but they were overruled by the President.

ELECTION OF PRESIDENT.

Mr. Griffith nominated J. M. Winchell, of Osage county, for President
of the Convention.

Mr. Form AN nominated J. T. Barton, of Johnson county.

The vote stood as follows:

For J. M. Winchell— Messrs. Arthur, J. Blood, N. C. Blood, Blunt,
Burris, Burnett, Crocker, Button, Graham, Greer, Griffith, Hanway, Hoff"-
raan, Houston, Hutchinson, Ingalls, Kingman, Lamb, Lilhe, May, McCul-
lough Middleton, Preston, Ritchie, Ross, Signor, Simpson, Stokes, Thacher,
Townsend, T. S. Wright, WiUiams— 32.

Tuesday, July 5, 1S59. 19

For J. T. Barton — Messrs. Forman, Foster, Hippie, Hubbard, McClel-
land, IMcCune, McDowell, Parks, Perry, Slough, Stiarwalt, Stinson, J.
Wright— 13.

The President pro tern. J. M. Winchell having received a majority of
all the votes cast is declared duly elected President of this Convention.

Messrs. Ritchie and Slough were appointed to conduct the President to
the chair.

Mr. Stinson inquired how the members of this Convention could effect
a permanent organization legally without taking the oath of office, which is
usually administered previous to such organization?

The President pro tern. The organization of this body is in the hands
of its members, and not under the control of the preliminary President of
the Convention.

Messrs. Ritchie and Slough conducted the President to the chair.

Mr. Ritchie. Gentlemen of the Convention, I have the honor to intro-
duce to you the Hon. J. M. Winchell, the permanent President of this body.
[*IV] *The President said:

Gentlemen of the Convention: 1 return to you my sincere thanks for
the position you have assigned me. Whilst I have neither solicited nor
desired it, I am none the less able to appreciate the responsibilities and
honors which it confers. I have only to say to you, gentlemen, that I shall
exert myself to the utmost to so discharge the duties of this position as to
facilitate the business of the Convention, and in tliis I trust I shall receive
the cooperation of every member of the Convention; and whilst I shall favor
no partisan or local prejudice which shall tend to interrupt the discharge
of those duties, I trust also that that feeling will be reciprocated by you all.

WYANDOTTE DELEGATES AGAIN.

Mr. Stinson moved that the members now proceed to take the oath
of office, including the members from Wyandotte, and that the Convention
then proceed to complete the permanent organization.

Mr. Thacher inquired if there was a copy of the law authorizing the
Convention present. He believed that law did not require the members
to be sworn. The President ruled the motion of Mr. Stinson out of order,
as it had already been passed upon.

Mr. Stinson appealed from the decision of the President. As he viewed
the question, the Convention could not be legally organized until the mem-
bers had taken the oath of office. Then, and not till then, it is the highest
legislative power in the Territory of Kansas. But until it becomes the
Constitutional Convention in this manner, we are not proceeding in ac-
cordance with the law, and until we comply with the strict letter of the
law, we have no legal existence.

The President. The member from Leavenworth is out of order, unless
he confines himself strictly to the question of appeal.

Mr. Stinson. The President's decision will force me to another appeal.
I do not stand here as the representative of party. The reason for the
decision of the President in reference to my motion is, that the Convention
has already commenced a permanent organization. But I maintain that,
imtil the members have taken the oath of office, they cannot proceed to
a permanent organization or elect officers.

The President. The Convention has complete control over this matter,
as well as over all the technicalities of the Convention. It has decided not
to take the oath bv omitting it. It is sovereign over this question.

20 Convention Proceedings and Debates.

Mr. Stinson attempted to reply, when he was ruled out of order, when
he appealed from the decision of the President.

The decision of the Chair was sustained.

ELECTION OF SECRETARY.

The President announced the election of Secretary as next in order.

Mr. Thacher nominated J. A. Martin, of Atchison, as permanent Sec-
retary.

Mr. FoRMAN nominated William Spencer, of Atchison, for the same
office.

J. A. Martin received thirty-two votes.

Wm. Spencer received fifteen votes.

J. A. Martin having received a majority of all the votes cast, was de-
clared duly elected.

The President announced that the election of Assistant Secretary was
next in order.

election of assistant secretary.

J. Blood nominated J. L. Blanchard, of Anderson county, for Assistant
Secretary.

Mr. nominated Mr. Blackman, of Leavenworth county, for

the same office.

Mr. McClelland objected to further election of officers, as the Con-
vention had not decided what officers were necessary, but was overruled.
Mr. Blanchard received thirty-two votes.
Mr. Blackman received fourteen votes.

Mr. Blanchard having received a majority of the votes cast, was de-
clared duly elected.

ELECTION SERGEANT-AT-ARMS.

The election of Sergeant-at-Arms being next in order,
Mr. Blunt nominated G. F. Warren, of Lawrence.
Mr. FoRMAN nominated John Castleman, of Shawnee.
[*V] *Mr. Warren received thirty-three votes.
Mr. Castleman received fourteen votes.

Mr. Warren having received a majority of all the votes, was declared
duly elected.

COMMITTEE ON WYANDOTTE DELEGATES.

Mr. Griffith offered a resolution that a committee of five be appointed
by the Chair to investigate the credentials of those persons who claim seats
from Wyandotte county.

Mr. Slough moved to amend by inserting seven instead of five. The
amendment was agreed to, and the motion, as amended, adopted.

RECESS.

Mr. Kingman moved that the Convention now adjourn till 9 o'clock
to-morrow morning.

Mr. Slough moved a recess till 4 o'clock this afternoon, which was
agreed to.

The motion, as amended, was then agreed to, and the Convention took
a recess till 4 o'clock, p. m.

Tuesday, July 5, 1859. 21

AFTERNOON SESSION.

COMMITTEE ON CREDENTIALS.

The President announced the following committee on credentials, con-
formably to the resolution of Mr. Griffith: Messrs. Greer, Graham, King-
man, Simpson, Griffith and McClelland.

Mr. Slough offered the following resolution, which was adoi)ted:

Resolved, That the committee on credentials be instructed to frame
and report for the consideration of the Convention, rules for its government.

VISITORS.

Mr. Stinson offered the following resolution, which was adopted:

Resolved, That such members of the late Council and House of Repre-
sentatives as may visit the Convention be admitted to seats within the Bar.

committee on procedure.

Mr. Hutchinson offered the following resolution, which was adopted:

Resolved, That a committee of one from each Council District be ap-
pointed by the President of the Convention, to consider and report the best
mode of proceeding in framing a Constitution for the State of Kansas,
and that said report be made the special order for 9 o'clock, a. m., to-
morrow.

oath of office.

Mr. Greer offered the following resolution, which was adopted:

Resolved, That the officers employed by this Convention be sworn to
support the Constitution of the United States, and faithfully and impar-
tially discharge the duties of their respective offices.

Mr. Hutchinson proposed to except members of the Convention from
the provisions of the resolution.

The President. The terms of the resolution contemplate just what
the gentleman proposes.

Mr. Stinson moved to amend by making it an order requiring all the
members, as well as the officers of the Convention, to be sworn.

Mr. Blunt. On examination of the law creating the Convention, it
does not seem to provide for the administration of an oath to the members
of the Convention. Although this course, has been usual, yet it has been
by no means uniform. In some bodies like this the oath has been adnimis-
tered, in others not. This question came up in the Ohio Constitutional
Convention of 1851. The law did not require that any oath should be
achninistered to the members of that body, and the matter created con-
siderable discussion, as may be seen in their reports; and it was finally
agreed to administer the oath to support the Constitution of the United
States and faithfully perform their duties as members of the Convention.
As some members here seem to think they cannot perform their tluty faith-
fully without it, I shall support the proposition.

Mr. Griffith. I have no objection to being sworn to faithfully dis-
charge my duty, but I do not see any necessity for this oath. If we were
legislating, or acting on that which would be binding on our constituents,
there would be a propriety in it. But every member who takes a proper
view of his position knows that our action does not bind the people at all.
They can adopt or reject what we submit. We are sent up here simply as
[*VI] a ^committee of the people, to prepare a Constitution for their
consideration. If it meet their approbation they will adopt it, if not, they

22 Convention Proceedings and Debates.

will reject it. It seems to me that you might as well swear the delegates
to a county convention, or persons assembled in town meeting. I cannot
conceive it of the least importance. I am willing to take the oath, though
I cannot tliink it will constitute us any more efficient members of the
Convention.

Mr. Houston. There is one objection to this. We have consented to
proceed thus far without the oath. I suppose this was brought about
because a majority of the members did not think the law required it. For
my part, I confess that I forgot it. . I was at first under the impression
that members of such bodies as this were usually sworn, but I have ex-
amined into the matter, and am pretty well convinced that it is not ma-
terial, because the Constitution to be produced by this Convention must
be lifeless till the people give it the breath of life, — give it vitahty and
power. That being the case, I do not consider it important that any oath
should be taken. But there are many things not really important in them-
selves which had still better be done, as we sometimes put on our coat,
lest we offend against the fastidiousness of our neighbor. Kansas has had
difficulties enough in her political history- not to covet new ones, and now
if we desire our work to be the Constitution of the State of Kansas, I think
we had better take the oath. It might stop objections. I think it would be
better to pass along so as to avoid objections as much as possible.

The amendment was agreed to, and so the original resolution was
adopted.

DOORKEEPER, &C.

Mr. Griffith. Mr. President, I move that we now proceed to the elec-
tion of a Doorkeeper.

The motion was agreed to, and the President announced the order of
nominations.

Mr. Thacher nominated J. M. Funk of Wyandotte, and there being no
opposition —

On the motion of Mr. Simpson, Mr. Funk was declared Doorkeeper of
this Convention.

On motion by Mr. Griffith, it was

Ordered, That the Rev. AV. R. Davis be invited to serve as Chaplain of
this Convention.

On motion by Mr. Slough, it was

Resolved, That the Sergeant -at-Arms be instructed to pro^•ide postage
stamps for the use of members of this Convention.

Mr. Graham submitted the following:

Resolved, That the Secretary of this Convention be empowered to em-
ploy such clerks as shall be necessary for the transaction of the business
of this Convention.

Mr. Slough proposed to amend by adding these words: "Whose names
shall be reported to the Convention, and be subject to its approval."

Mr. Graham 'accepted the amendment, and so the resolution was
adopted.

Mr. Blunt submitted the following:

Resolved, That the Convention luoceed to the election of an efficient

Reporter, to report in full the proceedings and debates of this Convention.

Mr. Hutchinson moved the reference of this subject to a committee of

Tuesday, July 5, 1859. 23

three, who shall be charged with the duty of securing; full reports of the
debates and proceedings of this body.

The amendment was rejected — yeas 14, nays .30.

The question recurred on the original motion, and it was rejected with-
out a division.

Mr. Stixson moved that a committee of three be appointed to adojjt
some means of preserving full reports of the debates and deliberations of
this body.

Mr. Thacher. We have just voted down a similar resolution, couched
m almost the identical words of this proposition. It seems to be the wish
of this Convention that the subject of Reporting should be passed by for
the present.

L*VII] *Mr. Stinson. To allow my friend over the way to introduce
another motion, I withdraw the resolution for the present.

RESOLUTIONS TO BE WRITTEN'.

Mr. Greer submitted the following:

Resolved, That all resolutions and motions submitted to this Conven-
tion shall be submitted in writing.

Mr. Thacher objected. It would consume too much of our time if
every motion as well as resolution were to be submitted in writing. He
moved to amend by striking out that portion which relates to motions,
which was agreed to.

The resolution as amended was then adopted without a division.

SEATS FOR clergymen.

Mr. Griffith moved that the clergy of Wyandotte be invited" to take
seats within the bar, which was agreed to without a division.

SELECTION OP SEATS.

Mr. Hutchinson offered the following:

Resolved, That the members now proceed to select their seats in the
following manner: The names of the several members shall be written on
separate pieces of paper and placed in a hat. The Secretary of the Con-
vention shall then proceed to draw out and read the names, and each
member shall select his seat in the order their names are thus read.

WYANDOTTE DELEGATION.

Mr. Slough. I desire to present the credentials of the members from
Wyandotte county, as a matter of reference. I move their reference to the
committee on Credentials.

The motion was agreed to, and the credentials of Mr. Bennett and Mr.
Welborn were thus received and referred.

morris and CHASE DELEGATES.

Mr. Stinsox presented a memorial from Messrs. Wood and Espy, claim-
ing seats as delegates from Morris and Chase counties, which he read from
his seat.

Mr. Stinson. I move the reference of the memorial to a select com-
mittee of three, whose report shall be made the special order of the day at
9 A. M. to-morrow.

Mr. Hutchinson moved its reference to the committee on credentials.

24 Convention Proceedings and Debates.

]Mr. Stixson. The committee has quite as many duties as it can attend
to, and should not be burdened with extraneous labor.

The amendment was agreed to — yeas 23, nays 13.

The question recurred on the motion as amended, and it was adopted
without a cli\nsion.

Mr. Slough presented the credentials of Alessrs. Moore and Palmer of
the counties of Jackson and Pottawatomie, and of one of the Leavenworth
delegation, and mo^'ed their reference to the committee on credentials,
which was agreed to.

OATH OF office ADMINISTERED.

Mr. McDowell moved that the members receive the oath of office
from some competent person.

Mr. Stiarwalt presented the credentials of R. J. Porter and Benjamin
Wrigley, which were referred on his motion to the committee on credentials.

Mr. Ross offered a resolution that the Sergeant-at-Arms be authorized
to appoint such messenger boys as he may deem necessary.

Mr. Form AN. The power proposed to be given him is too unhmited.
I move to amend by adding the words, '"not to exceed two in number."

The amendment was agreed to, and the resolution adopted.

Mr. Stinson. Learning that Wm. L. McMath, a Notary Pubhc of
Wyandotte, is present, I move that the oath of office be administered by
him to the members of this Convention, w^hich was agreed to.

Mr. McMath now advanced to the President's table, and the members
rising in their places received the following oath:

"You, and each of you will support the Constitution of the United
[*VIII] States, and faithfully *discharge your duties as members of
this Convention."

The officers of the Convention then stood up and a similar oath was ad-
ministered to them by Mr. McMath.

daily PRAYER.

Mr. Hoffman moved that the morning session of the Convention be
opened with prayer, which was agreed to without a division.

ADMISSION OF LADIES.

Mr. McClelland moved that ladies be admitted to seats within the bar,
which was agreed to without division.

standing COMMITTEES.

Mr. McDowell moved that the President appoint the following Com-
mittees:

A Committee consisting of nine members on the Judiciary.

A Committee of seven, on the Executive department.

A Committee of eleven, on the Legislative department.

A Committee of seven on Corporations.

A Committee of five on Schedule.

A Committee of nine on Apportionment.

Mr. Kingman moved to amend by referring the whole subject to the
committee on the preparation of business for the Convention.

The amendment was agreed to, and the motion as amended adopted.

Wednesday, July 6, 1859.

BITSINESS COMMITTEES.

The President, conformably to a resolution adopted this day, an-
nounced the following committees on the arrangement of business for the
Convention.

1st, Council District, Stiarwalt; 2d, Ingalls; 3d, McDowell; 4th, Slough;
5th, T. S. Wright; 6th, Ross; 7th, McCuUough; Sth, Hutchinson; 9th,
Blunt; 10th, Burris; 11th, Wm. Arthur; 12th, Burnett; 13th, Crocker.

AD.TOURNMENT.

Mr. FoRMAN moved that the Convention adjourn till 10 o'clock to-mor-
row. A member proposed 9 o'clock, which was accepted.

And then the Convention adjourned till to-morrow morning at 9 o'clock.

Wednesday, July 6, 1859.
The Convention met at 9 o'clock.

Prayer by the Chaplain, Rev. M. R. Davis, of Douglas county.

The jounial of yesterday was read by the Secretary, and authenticated.

Messrs. Porter of Doniphan, Palmer of Pottawatomie, Brown of Leaven-
worth, and Wrigley of Doniphan now came forward, presented their cre-
dentials and received the oath of a member of this Convention at the hands
of Mr. McMath.

CREDENTIALS — WYANDOTTE REPRESENTATION.

Mr. Greer, from the committee on Credentials, submitted three reports,
Avhich were read by the Secretary.

The first was to the effect, that the following gentlemen are entitled to
seats in this Convention:

W. R. Griffith, Bourbon, McGee

and Dorn.
J. H. Signor, Allen.
S. 0. Thacher, Douglas.
C. B. McClelland, Jefferson.
Samuel A. Kingman, Brown.
J. A. Middleton, Marshall and

Washington.
Thomas S. Wright, Nemaha.
John Stiarwalt, Doniphan.
J. W. Forman, do.
Robert Graham, Atchison.
E. M. Hubbard. Doniphan.
Caleb May, Atchison.
Samuel E. Hoffman, Coffey and

Woodson.
J. M. Winchell, Osage, Weller,

Breckenridge, Morris, Chase

and Wise.
.\llen Crocker, Cofi'ey and Woodson.
Pascal S. Parks, Leavenworth.
S. D. Houston, Riley.
J. T. Barton, Johnson.
J. T. Burris, do.

James Hanway, Franklin.
Frederick Brown, Leavenworth.
Eph. Moore, Jackson.
Luther R. Palmer, Pottawatomie.
R. J. Porter, Doniphan.
Samuel Hippie, Leavenworth.
[*IX] *J. J. Ingalls, Atchison.
Benjamin Wrigley, Doniphan.
P. H. Townsend, Douglas.
James Blood, do.

N. C. Blood, do.

E. Stokes, do.

W. P. Dutton, Lykins.
John Ritchie, Shawnee.
R. L. Williams, Douglas.
H. D. Preston, Shawnee.
William Hutchinson, Douglas.
John P. Slough, Leavenworth.
Samuel T. Stinson, do.
Adam D. McCune, do.
Wm. C. McDowell. do.
John Wright, do.

William Perry, do.

Robert C. Foster. do.

26 Convention Proceedings and Debates.

J. C. Burnett, Bourbon, McGee William McCullough, Osage, Weller,
and Dorn. Wise, Breckenridge, Morris and

John P. Greer, Shawnee. Chase.

B. F. Simpson, Lykins. J. M. Arthur, Linn.

Josiah Lamb, Linn. J. J. Blunt, Anderson.

Edmund G. Ross, Waubonsa, Rich- G. H. Lillie, Madison, Butler,
ardson, Davis, Dickinson and Hunter, Greenwood, Ciod-

Clay. frey and Wilson.

The second report, from the majority of the committee on Credentials
was adverse to the credentials of Mr. Bennett and Mr. Welborn from the
county of Wyandotte.

Mr. Slough, from a minority of said committee submitted a report dis-
senting from the opinion of the majority, and proposing to admit Messrs.
Bennett and Welborn to all the rights of membership of the Convention.

business arrangement.

Mr. Stiarwalt, from the committee of thirteen on the Arrangement of
Business, submitted the following report:

Resolved, That this committee report to the Convention the following
plan for framing a Constitution:

That there shall be but sLx committees, which shall be appointed by the
President of the Convention.

The 1st committee shall consist of thirteen, which shall report to the
Convention a Constitution. The 2d shall be a committee on Schedule,
consisting of thirteen. The 3d shall be a committee on Apportionment,
to consist of thirteen. The 4th, a committee on Bill of Rights and Pre-
amble, to consist of thirteen. The 5th a committee of thirteen on Phrase-
ology^ and Enrollment. The 6th a committee of thirteen on Ordinances and
Boundaries.

Mr. Slough, from the same committee, reported the following:

1st. Committee on Preamble and Bill of Rights, to consist of five members.

2d. Committee on Executive Department, to consist of five members.

3d. Committee on Legislative Department, to consist of five members.

4th. Committee on Judicial Department and Jurisprudence, to consist of
eleven members.

5th. Committee on Militia, to consist of five members.

6th. Committee on Electors and Elections, to consist of seven members.

7th. Committee on Schedule, to consist of nine members.

8th. Committee on Apportionment, to consist of thirteen members.

9th. Committee on Corporations and Banking, to consist of thirteen mem-
bers.

10th. Committee on Education and Public Institutions, to consist of seven
members.

nth. Committee on County and Township Organizations, to consist of
seven members.

12th. Committee on Ordinance and Public Debt, to consist of thirteen
members.

[*X] *13th. Committee on Finance and Taxation, to con.sist of eleven
members.

14th. Committee on Amendments and Miscellaneous Business, to consist of
seven members.

15th. Committee on Printing and Arrangement, to consist of fifteen mem-
bers.

Wednesday, July 6, 1859. 27

Mr. Slough. Air. President, the committee was about ec|ually dividerl
between these two plans, and, for the purpose of bringing the matter before
the Convention, I move the adoption of the latter.

The motion was agreed to, and the latter plan adopted on a division —
affirmative 27, negative 17.

THE WVAXDOTTE KEPKESENTATION.

Mr. Stixsox. 'Sir. President, I move that the minority report of the
committee of Credentials in relation to the seats claimed by Mr. Bennett
and Mr. Welborn, of Wyandotte county, be now taken up.

The motion was agreed to.

Mr. Stixsox. I am informed, sir, that these gentlemen desire to be
heard by attorney, and I therefore mo^"e that bj' their attorney, they be
permitted to appear and implead their claim before the bar of this Con-
vention.

The yeas and nays being demanded, ordered and taken on this question,
resulted — yeas 27, nays 23 — as follows:

Yeas — Messrs. Arthur, Blunt, Brown, Barton, Burris, Foster, Forman,
Griffith, Hippie, Hubbard, Hanway, Hoffman, Houston, Lamb, May, Mc-
Dowell, McCune, McClelland, Preston, Palmer, Parks, Slough, Stiarwalt,
Stinson, Simpson, J. Wright, Wrigley — 27.

Nays — Messrs. Burnett, J. Blood, X. C. Blood, Crocker, Button, Gra-
ham, Greer, Hutchinson, Ingalls, Kingman, Lillie, Middleton, McCullough,
Porter, Ritchie, Ross, Signor, Stokes, Thacher, Townsend, T. S. Wright,
Williams, and Mr. President — 23.

So Mr. Stinson's motion was adopted.

Mr. Stixsox. I now move that the hearing of this matter be made the
special order for to-morrow morning at the opening of the session.

The motion was agreed to, and the order made accordingly.

MORRIS AXD chase DELEGATION.

Mr. Stixsox. Mr. President, there is another case of a similar char-
acter before the Convention — that of Messrs. Wood and Espy, claiming
seats in this body from the counties of Morris and Chase. The committee
on Credentials have made no recommendation in this case. Mr. Wood
and Mr. Espy are now in the Hall, and desire to be heard at the bar of
the Convention. I therefore move that they be allowed to present their
case.

Mr. Griffith. Their papers ha\-e not yet been considered by the com-
mittee on Credentials. I cannot see the propriety of taking the case out of
their hands before they have had time to examine it.

The Presidext. The Chair is of opinion that the case is before the com-
mittee.

Mr. Stixsox. It seems to me that the case has been abandoned b\- the
committee, and therefore I think the Convention should decide it.

The Presidext. The memorial of these gentlemen was presentetl to the
Convention yesterday, and referred to the committee on Credentials. That
committee stated tliis morning, that the memorial had not been before
them, and they therefore made no report in the case. The committee have
not been discharged from the consideration of the subject, and the Chair
will rule, that the case is still in their hands. At the proper time, of course,
the Convention will express its pleasure on the question of allowins these
gentlemen, or either of them, the privilege of being heard before the body.

28 Convention Proceedings and Debates.

rules of the convention.

Mr. Slough, from the Committee on Rules, reported a proposition to
adopt the Standing Rules and Regulations of the last House of Representa-
tives of the Territorial Legislature, so far as they may be applicable for
the government of this Convention. The proposition was adopted.

[*XI] *MORRIS AND CHASE REPRESENTATION.

Mr. Thacher. Mr. President, I move that the Committee on Creden-
tials be instructed to report back to the Convention all the cases before
them to-morrow. I wish to dispose of this business as soon as possible.

Mr. Stinson. I propose to amend the motion to this effect: That the
committee be now discharged from the further consideration of the me-
morial of Messrs. Wood and Espy.

Air. Thacher. That is more a substitution than an amendment.

The President. The motion is in order.

Mr. BuRRis. Is there any other business before the Committee on
Credentials.

Mr. Greer. That is the only business before the committee.

Mr. BuRRis. I shall oppose the amendment, for the reason that this is
the proper committee to consider that question.

The President. The Convention has decided to take it up to-morrow
morning at 9 o'clock.

Mr. Stinson moved to amend by inserting "prima facie" before the word
"delegates."

Mr. Ritchie moved that the motion lie on the table.

Mr. Stinson demanded the yeas and nays, and they were ordered.

Mr. Greer. In voting for the motion to lie on the table, I shall do so
because the Convention is not in a position to enable it to take action,
having postponed by its vote the consideration of the question till to-
morrow morning.

Mr. Thacher. The object of a committee is to expedite business — to
present here considerations to enable us to act intelligently. I hope this
matter will be allowed to take the regular course. I see no reason for any
discrimination in this case.

The amendment was rejected, and then the original motion was adopted
and made an order of the Convention.

RULES OF THE CONVENTION, &C.

Mr. Slough submitted the following:

Resolved, That the Sergeant-at-Arms be instructed to have two copies
of the rules and Regulations adopted for the government of this Conven-
tion printed for the use of the members.

Mr. Parks proposed a substitute, as follows:

RcHolved, That a committee of three be appointed to make provision for
the necessary printing of this Convention.

Mr. Slough. It seems to me that cannot be properly considered as
an amendment. My proposition contemplates the specific printing of the
Rules.

Mr. Parks. I suppose we, of course, ought to have the Rules printed,
and I consider also that we should have a committee on the whole subject
of printing.

Wednesday, July 6, 1859. 29

Mr. Griffith. I offer the following by way of amendment to the sul>
stitute.

Resolved, That a committee of three be appointed to take measures for
the preservation of the proceedings and debates of this Convention, and
to make provision for the necessary printing of the Convention.

Mr. Parks accepted the modification, and so his substitute was agreed to.

The resolution as amended, was then adopted.

MEETING AND ADJOURNMENT.

Mr. HipPLE submitted the following:

Resolved, That until otherwise ordered 91/9 o'clock in the forenoon shall
be the hour of meeting of this Convention, and 12 o'clock m. the hour of
adjournment; and that there shall be an afternoon session each day, com-
mencing at 31/2 o'clock and ending at 5 o'clock.

Mr. Ritchie proposed 9 o'clock instead of 9^2 o'clock.

Mr. Hipple accepted.

Mr. Slough proposed to modify and make the order to this effect: .
That until further ordered, we have but one session a day — beginning at
9 o'clock and ending at 1. He submitted this for the reason that for the
first week of the session our committees will be employed the greater part
of the day. There could be very little done in the Convention till the
[*XII] committees be^gin to report. Four hours a day, it seemed to him,
would be all the time we could profitably occupy in the body.

The modification was adopted.

REPORTERS FOR THE PRESS.

Mr. Ritchie submitted the following, which was adopted:

Resolved, That the Sersreant-at-Arms be instructed to prepare seats for
reporters for the press within the bar of the Convention.

DAILY COMMERCIAL GAZETTE.

Mr. Thacher. I understand there is to be a daily newspaper — the
Commercial Gazette — issued in Wyandotte during the session of this body,
which is to embrace a report of our proceedings. I therefore move that
the Sergeant-at-Arms be instructed to procure two copies of The Daily
Commercial Gazette for the use of each member and officer of tliis Con-
vention, and his Excellency the Governor of the Territory.

The motion was agreed to, and the order was made accordingly.

COMMITTEE ON FEDERAL RELATIONS.

Mr. Houston submitted the following, which was adopted:

Resolved, That a committee on Federal Relations be added to the Stand-
ing Business Committees of this Convention.

MORRIS AND CHASE REPRESENTATIVES.

Mr. Stinson submitted a resolution making the hearing of the case of
H. J. Espy and S. N. Wood, claiming to be delegates to this Convention
from the counties of Morris and Chase, the special order for to-morrow
at 11 o'clock.

Mr. Thacher proposed to make it an order that the Convention shall
dispose of all these cases to-morrow. It will probably take all day, and
we might as well have a sweet time of it.

30 Convention Proceedings and Debates.

Mr. Ross. I understand this motion is out of order. The matter is m
the hands of the Committee on Credentials.

The President. The point is well taken.

Mr. Stinson. The resolution contemplates that when the report is
made, the Convention will then allow those gentlemen claiming seats to be
heard.

Mr. PiiTCHiE. I propose to amend, by adding that Mrs. Nichols be
heard in behalf of the ladies.

Mr. Blunt. I presume the Convention will be willing to hear all who
are entitled to be heard, ^^'hen the proper time comes — when the com-
mittee shall report on the matter in their memorial I shall be in favor of
admitting these gentlemen for the hearing of their case.

Mr. Stinson now modified his proposition so as to leave it without fi.x-
ing any time.

^Ir. HrxcHiNSON. We cannot anticipate the report of the committee.
I move to lay the resolution on the table ; but he subsequently withdrew the
motion.

Mr. Houston. Whether the claim was good or bad, it was as little as
we could do to allow these gentlemen to be heard.

Mr. Kingman. The memorial in question has never been in possession
of the House. Bj- the indulgence of the Convention the gentleman from
Leavenworth read it at his desk — not at the Secretary's table.

J\Ir. Stinson. I sent it to the Secretary, and afterwards I sent it to the
committee, but they did not get it at once.

Mr. Kingman. I renew the motion to lay on the table.

Mr. Stinson demanded the yeas and nays, and the same being ordered
and taken, resulted — yeas 31, nays 21 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, X. C. Blood,
Crocker, Forman, Greer, Hubbard, Hutchinson, Hanway. Ingalls, King-
man, Lillie, Lamb, Middleton, May, McCullough, Preston, Perry, Porter,
Piitchie, Ross, Signor, Stokes, Simpson, Thacher, Townsend, T. S. Wright,
Williams — 31.

N.\YS — Messrs. Brown, Barton, Button, Foster, Graham. Griffith,
Hippie, Hoffman, Houston, Moore, McDowell, McCune, IMcClelland,
Palmer, Parks, Slough, Stinson, Stiarwalt, J. Wright, Wrigley, Mr. Presi-
dent—21.

So the resolution was laid on the table.

convention printing.

Mr. McDowell submitted the following:

[*XIII] Resolved, That the committee on Printing *be instructed to re-
l)ort to the Convention, for approval, all contracts for the necessary print-
ing of the Convention, and that they be instructed to have said printing
done by contract.

Mr. McDowell said: This committee now have unlimited jiower in
reference to this matter. 1 think their action ought to be subject to the
approval of the Convention, in order that there may not be made unneces-
sary expenditures on accotmt of printing.

The resolution was adopted.

Wednesday, July 6, 1859. 31

credentials.

Mr. Blvxt. Mr. President, what action has been taken upon the re-
port of the majority of the committee on the credentials of members?

The President. It lies on the table, subject to the action of the Con-
vention.

On motion of Mr. Thacher that report was concurred in.

On motion of ]Mr. Parks, modified by Mr. McClelland, it was —

Ordered, That 150 copies each of the reports of the majority and the
minority of the committee on credentials be printed for the use of the Con-
vention.

SELECTION OF SEATS OP MEMBERS.

Mr. Parks submitted the following:

Resolved, That the Convention proceed now to select seats for members,
and that said selection be made by the clerk writing the name of each
member on different pieces of paper, and placing the same in a hat, and
as each name is drawn from the hat, the member indicated shall be en-
titled to select his seat.

Mr. Slough submitted the following substitute, which was adopted, and
the order taken accordingly:

Resolved, That the Convention proceed to select seats by lot, and that
numbers from 1 to 23 inclusive be placed in a hat, and that the same
when drawn shall authorize the selection of seats by each delegate in ac-
cordance with the proper number of their district.

So thereupon the members-elect of the Convention proceeded to their
seats.

WYANDOTTE REPRESENTA'HON.

Mr. Parks now moved that the Sergeant-at-Arms procure seats within
the bar for the delegates claiming seats in this Convention from Wyan-
dotte county.

Mr. McDowell wished to inquire when this question would come up
before the Convention? There seemed to be a misunderstanding as to the
time, some supposing it to be this afternoon, others to-morrow morning.

Mr. Burris. I must vote aye, because I cannot offer the amendment
I desire to offer to this motion. This motion recognizes the members as
possessing -prima facie evidence of election, which the Convention has no
proof of.

Mr. Griffith. I shall vote no because I am willing to extend all pos-
sible courtesy to the delegates claiming seats from Wyandotte county. The
motion to table will not reach the desired end, as it will not be final. If the
Convention refuse to table the resolution, we can then strike out the objec-
tionable words ''prima facie."

Mr. Parks. I desire to say that I accepted the words "prima facie"
because they state the true merits of the case. If they were not in the
resolution, it would recognize the claimants as bo7ia fide delegates from
Wyandotte county. The words prima facie explain the propriety of the
resolution.

• Mr. Wrigley. I desire to state in explanation of my vote, as I shall
vote no, that I do so because I believe there is prima facie evidence that
Drs. Bennett and Welborn are entitled to seats on this floor. The people of
Wyandotte county held an election in accordance with the regulations of
the Convention Act, as elections were held in other parts of the Territory.

32 Convention Proceedings and Debates.

and elected these delegates. Their credentials are certified to by the proper
county officers and by the Governor, as having received a majority of the
votes in this county for the office of delegate. I have too great respect for
[*XIV] the voice of the people to *disfranchise the county of Wyan-
dotte, by rejecting her "delegates.

The roll call was now commenced, and the vote was — yeas 26, nays 20 —
as follows:

Yeas — Messrs. Arthur, Burnett, Burris, N. C. Blood, Crocker, Button,
Graham, Greer, Hutchinson, Hanway, Houston, Ingalls, Kingman, Lamb,
Lillie, Middleton, McCuUough, Preston, Porter, Ritchie, Ross, Stokes,
Simpson, Townsend, T. S. Wright, Williams — 26.

Nays — Messrs. Brown, Barton, Forman, Foster, Griffith. Hippie, Hub-
bard, Hoffman, May, McDowell, McCune, McClelland, Parks, Signor,
Slough, Stiarwalt, Stinson, Thacher, J. Wright, Wrigley, Mr. President — 21.

So the motion was laid on the table.

Mr. Kingman offered the following resolution as to the seats of members
from Wyandotte, which was agreed to:

Resolved, That the Sergeant-at-Arms be instructed to procure seats for
Messrs. Bennett and Welborn, claiming seats on this floor as delegates from
Wyandotte county, for their use while their claim for seats is pending.

Mr. McClelland offered a resolution authorizing the Sergeant-at-Arms
to supply each member with a bottle of mucilage, which, on motion of Mr.
May, was laid on the table.

MORRIS and chase REPRESENTATION.

Mr. Stinson presented a memorial from S. N. Wood, representing that
his case had been prejudiced, and withdrawing his claim to a seat in the
Convention for the counties of Morris and Chase.

Mr. Kingman moved that the memorial be rejected. The Convention
had taken no action prejudicial to the claims of the memorialist. The
statement was correct that the committee had not had possession of the
memorial, and the Convention had authorized them to defer the report
until to-morrow. Because the Convention was unwilling to act on mere
assertions and vague statements, in comes this memorial, insulting this
body by the plea that we practice disfranchisement as a principle of
this government — that we will disfranchise whomsoever we please! No
member of the Convention had even indicated an opinion as to what its
action should be. This body has decided to postpone a decision till to-
morrow, when a report will be made. The same course has been pursued in
reference to the memorialist from Morris and Chase and the claimants of
seats from Wyandotte.

Mr. Stinson. I have a word to offer. I understand the position in
which the memorialist considers himself to be placed by the action of the
Convention. He comes here believing himself entitled to a seat in this
Convention, as legally elected. He presented a memorial, wliich had the
courtesy of a reference. But the committee has not reported, and perhaps
there is a good reason for it. I came in for him and asked for immediate
action upon it, that he may not be compelled to wait here from day to
day for a tardy decision. This was refused us. We were denied the privi-
lege of a determination to-day. I went further, and asked that those
claimants who knew best their own rights and claims, should be permitted

Wednesday, July 6, 1859. 33

to argue them before this body, whenever the matter comes before it by a
report of the committee on credentials. This motion was tabled by a
strict party vote, I am sorry to say. He had the right to infer that his
claims were ignored and his county disfranchised. He sends in this me-
morial to prove to his constituents that he has performed his duty. All
we ask is, that the Convention shall take the responsibility of acting on this
cjuestion, and put that action on record.

Mr. BuKRis. I move to amend the motion to reject, by referring the
memorial to the committee on credentials. That committee has been in-
structed to report on all contested cases to-morrow morning. The me-
moriahst has been told that he shall have a hearing, in the only proper
mode — through a committee. The question is not before the Convention,
but before the committee, which is the proper party to have the subject
referred to.

Mr. Thacher. I shall oppose this amendment, and vote for rejection.
[*XV] This memorial '^is an insult, and offensive in its tone. The me-
morialist claims to be a delegate from the counties of Morris and Chase,
which he asserts are unrepresented here. I hold in my hand the proclama-
tion of Governor Medary, whose Democracy no one will impeach. I read
from the proclamation the following as vote of the 17th district, com-
prising Osage, Breckenridge, Morris and Chase: — [Having given the votes
returned in said district, he proceeded to say.] On this vote the Governor
declared J. M. Winchell and Wm. McCullough duly elected from that dis-
trict. Chase county is represented by them. Yet the memorial claims the
opposite — that the counties of Morris and Chase are disfranchised. I hope
the memorial will be rejected as a deliberate insult to this body.

Mr. Ross moved to indefinitely postpone the whole subject.

The question was then taken on Mr. BurrLs' amendment, and it was lost.

The motion to reject was agreed to mthout a division.

The President announced the standing committee on printing and
preservation of the records to be — Messrs. Ross, Townsend and Barton.

COMMISSIONERS ON CLAIMS.

He also presented the following paper from the Commissioners on
Claims, which was ordered to be filed by the Secretary:

Wyandott City, July 5, 1859.
To the President of the Convention to frame a Constitution, &c.:

Sir: — Pursuant to the provisions of an act entitled "An act to provide
for the adjustment and payment of claims," approved Feb. 7th, 1859, it is
the duty of the undersigned, Commissioners under said act, to make report
of their proceedings to the Constitutional Convention to-day.

We are yet engaged in the preparation of the report specified, and will
probably be ready to transmit the same, for the use of the Convention,
\vithin five or six days. A tabular statement of about 500 lines of double
column "figure work" will necessarily accompany the report, (which will
not exceed fifteen or twenty pages octavo,) and is the last portion that
can be prepared.

3 — 778

34 Convention Proceedings and Debates.

The expediency of having the report and statement printed immedi-
ately, that ever>' member may have a copy, and comprehend, at a glance,
the character, extent, and result of our labors, is respectfully submitted for
the consideration of the Convention.

Very respectfully,

Edward Hoogland, Comr's

Henry J. Adams, V of

Samvel a. Kingman, J Claims.

Mr. McDowell moved to adjourn, but withdrew the motion by request.

NO WYANDOTTE REPRESENTATION.

Mr. Blunt moved a reconsideration of the vote by which the Conven-
tion agreed to hear the claimants from Wyandotte county, by attorney, at
0 o'clock to-morrow. He remarked: The \iew I take of the question is
This. No person is more desirous than myself that Messrs. Bennett and
"Welborn should have a full and fair hearing. If there are not persons on
this floor who can advocate their claims with sufficient abihty, I am wiUing
that they should have the assistance of attorneys. I am anxious that the
Convention shall consider the question as soon as possible, as we are about
to adjourn till to-morrow, and none of the business committees are ap-
pointed, and the members have no work before them. If reconsidered, 1
should move that the reports of the committee on credentials in reference
to the Wyandotte delegates be referred to a committee of one from each
council district, before whom the claimants and their attorneys may appear
and argue the case, and who shall report their decisions to this Convention
at the opening of the session on Thursday. The Convention refused to re-
consider by yeas 24, nays 25 — as follows:

[*XVI] "Yeas— ]\Iessrs. Arthur, Burnett, Blunt, Burris, N. C. Blood.
Crocker, Dutton, Hanway, Hoffman, Houston, Ingalls, Lilhe, Lamb, Mid-
dleton. McCuUough, Preston, Ritchie, Ross, Signer, Simpson, Thacher,
T. S. Wright, Wilhams, Mr. President— 24.

Nays — Messrs. Brown, Barton, Foster, Forman, Graham, Greer, Grif-
fith, Hippie, Hubbard, Hutchinson, Kingman, May, McDowell, McCune,
McClelland, Palmer, Parks. Porter, Slough, Stinson, Stiarwalt, Townsend.
J. Wright, Wrigley— 25.

Thursd.^y. July 7, 1S59.
The Convention met at 9 o'clock.
Prayer by the Chaplain.
The journal of yesterday was read by the Secretary and authenticated.

THE WYANDOTTE REPRESENTATION.

Mr. Kingman. Mr. President, I feel anxious to facihtate the proceed-
ings of the Convention, and we are all admonished by our feelings — the in-
fluence of the warm season — that a long session will be injurious to us, as
well as distasteful to our constituents. I have a motion to make in regard
to the business before the House, which has been made the special order
for this hour, which I think may prevent a discussion of two or three days.
It seems to me it would be in order, inasmuch as these claimants of seats
have not confidence to appear for themselves — to make a motion to com-
mit the w'hole matter again to the Committee on Credentials — that the
matter may be heard there by counsel.

The motion was agreed to, and the case was recommitted accordingly.

Thursday, July 7, 1859. 35

public debt — corporations.

Mr. Blunt submitted the following:

Resolved, That the Constitution to be framed by this Convention should
contain a provision that whenever the Legislature shall provide for the
raising of money by loan on the credit of the State, that the act authoriz-
ing said loan shall provide means for the prompt payment of the interest
on said loan, and also for the final pajTnent of the bonds at maturity, by
designating and setting apart certain moneys for these purposes which shall
not be devoted to any other purpose.

Resolved, That the Constitution of the State of Kansas should prohibit
the Legislature from creating by act of incorporation any bank of issue
unless said act shall provide that the bank so created shall deposit with the
comptroller of the Treasury stocks of the State of Kansas or of the United
States, as collateral for the redemption of the circulation of said bank, and
that the comptroller be authorized to countersign no more circulating notes
for said bank than may be the cash value of said stocks at the time they are
deposited.

IMr. Ritchie proposed to lay it on the table and print.
Mr. Wrigley moved that the resolutions be referred to the Conmiittee
on Banks and Corporations.

Mr. Houston. It seems to me it would expedite business if the Con-
vention would agree to consider all these important questions in com-
mittee of the whole, so that the standing committees could be certainly
informed of the judgment of the House. If we put these propositions first
into the hands of the standing committees, they may lie there till dog days,
waiting for information to enable the committees to harmonize.

Mr. Blunt. The matter of the resolutions is certainly of considerable
importance. The object in offering them was that they might serve as
instructions to the committee having those subjects in charge; for if
adopted they would reflect the sense of the Convention on those subjects.
I think it will be conceded that there is nothing of more importance to a
new State than that its financial and banking system should be established
en a sound and soUd basis. The views shadowed forth in the two resolu-
tions I think will meet all wants of the new^ State of Kansas; and if we pass
these resolutions here it settles the matter to a certain extent definitely as
to what is the judgment of the members of the Convention in relation to
[*XVII] the ^subject of corporations and the creation of a State debt.
If, as proposed in the first resolution, we make it imperative that wherever
the credit of the State is used by the Legislature, they shall provide for
the prompt pajTiient of the accruing interest, and the prompt payment of
the debt at maturity, we shall inspire confidence in our bonds in the stock
market, and then if, as in the second resolution, we provide that our bank-
ing svstem shall be established on a sohd basis, we shall always have the
advantage of safe and judicious banking institutions, perfectly secure to the
bill-holder, and providing for all the wants of the commercial interests. If
the provisions of the first resolution shall be strictly carried out, our bonds
in the market will find as ready sale as those of the State of Ohio, or even
the 6 per cent, bonds of the United States: and if, in creating a banking
system, we recognize no other stocks except the stocks of the United States,
we shall have a system that will inspire confidence throughout the country.

Mr. Wrigley. While I admit that the gentleman has made a close con-
stitutional argument— while I fully agree with much that he has said, and
do not know that I could have much objection to the resoUition. yet 1

36 CoxvEKTiox Proceedings and Debates.

must protest against such propositions being brought before the Con\'en-
tion at this time. They are out of place now; for suppose every member
of the body should foist in his views in this way — all these propositions are
to be printed, and it would require all the printing offices in the country to
furnish them. I repeat: the views may be good enough, but it is not the
proper time to present them. It occurs to me that all such resolutions
should be referred to the appropriate committees; and from the mass let
the committees select the cream and present that to the Convention, which
is finally to determine what shall be the Constitution. The Convention, sir,
will have enough to do to reconcile reports. I move that it be referred to
the appropriate committee.

The amendment was agreed to, and so it was ordered to be referred
to the Committee on Banks and Corporations and printed.

THE WYANDOTTE REPRESENT.\TION.

Mr. Slough. I move to reconsider the vote by which the Convention
recommitted the case of Messrs. Bemiett and Welborn to the Committee
on Credentials. I appreciate the purpose for which the motion was made
(and I voted for it) to obviate the necessity of occupying time in hearing
the argument of counsel. But, on reflection, I am satisfied that that object
will not be accomplished; because, after the hearing before the committee,
the Convention cannot rid itself of the order for hearing the arguments in
this chamber. A resolution was adopted yesterday to hear these parties
by their attorneys at the bar of the Convention — subsequently a motion
to reconsider that vote was lost; therefore in accordance with all parlia-
mentary' usage we cannot now rid ourselves of the obligation to hear the
case.

After further remarks in this direction, the President ruled that the
morning business must be first proceeded with under the rules adopted
for the government of the Convention, and that afterwards the motion of
the gentleman from Leavenworth could be entertained.

BASIS OF ACTION.

Mr. Blunt submitted the following:

Resolved, That the several committees appointed to draft the several
subdivisions of the Constitution for the consideration of this Convention

be instructed to adopt the Constitution of the State of as a

model or basis of action — and that the Sergeant-at-Arms be authorized
to procure the printing of sixty copies of said Constitution for the use
of members.

Mr. Hutchinson. I see one difficulty in this resolution. I think by
this resolution we are barred from choosing certain Constitutions that
might be the preference of members. I therefore submit the following by
way of a substitute:

Resolved, That every standing conmiittee be instructed to adopt the
Constitution for their proceedings in forming their respective re-
ports.

[*XVIII] -Mr. Blunt. I see no material difference be*tween the two
propositions. The idea I had in view was that if the resolution should
jirevail we may afterwards fill up the blank by calling the roll — by the
choice of the majority — that would give everj- man a- fair opportunity of
expressing his preference.

Mr. Slough. It seems to me, Mr. President, that before we pass upon
Ihat, if the CouAontion have any idea of adopting the resolution, the blank

Thursday. July 7, 1859. 37

should be filled first, and for the purpo-se of action I propose that the
blank be fiJled \vith the \vord "Minnesota."

Mr. Griffith. I propose "Indiana."

j\Ir. Thacher. I would suggest to the Convention that we could just as
well get at it by the majority vote in the manner shadowed forth lay the
gentleman from Anderson, that is, adopt the resolution with the blank,
and afterwards, as the roll may be called, let each member name the
Constitution he prefers, &c.

Mr. Slough. I withdraw the motion.

Mr. Griffith. I withdraw mine if the gentleman from Leavenworth
withdraws.

Air. Slough. ~Mt. President, it is necessary to fill the blank before
passing the resolution, for it cannot be touched afterwards. I now make
The motion that the terms of the resolution be so modified as to require
The blank to be now filled.

On motion l)y Mr. Wrigley the whole subject was laid on the table.

BASIS OF APPORTIONMENT.

Mr. Greer offered the following:

Resolved, That the Secretary of the Territory be requested to furnish
the Convention at as early a day as practicable, an abstract statement
showing the census of the several counties of the Territory, taken under the
act of the last Legislative Assembly.

Mr. G. said: I do this for the purpose of placing before the Convention
The strength of the polls of the different counties, for the purpose of fur-
nishing a proper basis for the apportionment of the representation of the
Senators and the Representatives of this State.

Mr. Hutchinson. It occurs to me that there will be too much delay
in that, inasmuch as we expect to be here but a few weeks, and we are not
.'^ure these returns will be made to the Secretary of the Territory in season
TO reach the Convention. It seems to me that each delegate should ad-
dress by letter the clerk of his coimty. This means of information would
be more chrect and certain. It might be less official in some degree, but it
would be satisfactory and it would be sure to reach us in time.

Mr. Griffith. The i^roposition of the gentleman from Shawnee may
cover the ground, but for fear some of the clerks might not get the re-
turns into the Secretary's office, I propose to amend the resolution by add-
ing these words:

"Requested to address a letter to the clerks of the counties included in
Their districts, requesting them to forward by mail to this Convention an
abstract of the census returns under seal, in file in their office."

Mr. Slough seconded the amendment, for fear that in the transmission
from the various counties to the Secretary's office accidents might happen,
so that through the Secretary and through the county clerks we ma\- have
the desired information.

Mr. Ross submitted the following:

Resolved, That the President be authorized to emi:)loy a sufficient num-
ber of messengers to go into the various comities for this jnirpose.

Mr. Blunt. I tliink the plan proposed in the substitute is the best
thing that can be done and I move its adoption. It is \-ery obvious that
this is the only way in which we can get the elements of an accurate basis
for apportionment. If we take the vote in the election of delegates to this

38 Convention Proceedings and Debates.

Convention, it will in a manner disfranchise a number of counties. In my
county we can poll between five and six hundred votes, but we did not cast
[*XIX] in this last election but two hundred — *whilst in other counties,
as in the county of Leavenworth, they polled their entire strength. All we
ask is a fair count ; we in the southern part of Kansas are a little tenacious
in this matter, for, as it is w^ell known, we have been in a manner disfran-
chised in the Territorial Legislature for the last two years, and it is time
we should have accorded to us that wliich we are entitled to. I have writ-
ten to the clerk of my county. I may get his answer in time, and I
may not. I am anxious that the Convention should complete its labors
as soon as possible, and nothing can be done by the Committee on
Apportionment till they can obtain these returns for a basis of action.
Notwithstanding it may be expensive, yet, because it is a matter of the
first importance, I shall be constrained to vote for the substitute of the
gentleman from Waubonse (Mr. Ross).

The substitute was rejected by a division — affirmative 13, negative 26.

Mr. Greer. I accept the amendment of the gentleman from Bourbon
(Mr. Griffith.)

The amendment was agreed to, and then the resolution as amended was
adopted.

Resolved, That the Secretary be directed to procure, as early as pos-
sible, a printed list of the members of this Convention, together w'ith the
names of the counties they represent, their Post Office, place of nativity,
age, profession or occupation, together with a list of the various standing
committees appointed and to be appointed.

the commercial gazette.

Mr. Blunt submitted the following:

Resolved, That the Sergeant-at-Arms be authorized to furnish four ad-
ditional copies of the Wyandotte Commercial Gazette for the use of each
member and officer of this Convention.

Mr. Blunt. I merely wish to state, for the information of the Conven-
tion, that I am informed by the Sergeant-at-Arms, that unless we adopt
some such resolution — extend the patronage of the Convention a Uttle
more liberally toward this paper, the proprietor will not be able to sustain
himself in its publication.

The resolution was adopted.

RAILRO.\D and SCHOOL LANDS.

Mr. Greer offered the following resolution, and on motion of Mr. Blunt,
it was referred to the conmiittee on finance:

Resolved, That a select committee of five be appointed by the Chair, to
adopt a memorial to Congress asking land grants for railroad, school and
other purposes.

BASIS OF action.

Mr. Thacher submitted the following:

Resolved, That the roll of the Convention be called, and that each mem-
ber, as his name is called, name the Constitution — State or Territorial —
which he prefers as a basis for this Convention to act upon. That if, on
the call, no one Constitution has a majority over all others, that the roll be
again called, and the members confine their responses to one of those Con-
stitutions having the highest number of votes; and that in case of no selec-

Thursday. Jii.y 7, 1859. 39

tion, the members vote again, to be confined to the two Constitutions hav-
ing the highest number of votes.

The President. The resolution is out of order because it interferes with
the regular order of business by requiring that the roll shall be called now.

Mr. Thacher. I propose to amend the resolution so as to read that the
roU be called whenever it is in order.

Mr. Slough. Mr. President, there is an important question that sug-
gests itself in connection with this decision of the Chair, which may cause
considerable trouble unless it is settled now. I am satisfied that the Chair
is in error in its decision; and for the purpose of having the matter before
us, I move that we proceed now to call the roll for the choice of the Con-
stitutions. If the legitimate consequence of offering a resolution coining
[*XX] in the shape of a call of the roll is to throw it out *of order, it is
manifest that we cannot even call the yeas and nays \sdthout interfering
with the order of business. It seems to me that it must be apparent to
every mind that if we can call the yeas and nays legitimately, we can pro-
ceed to take the vote indicated in the gentleman's resolution.

The PREsmENT. The Chair appreciates the kindness of the gentlemen,
but yet he is under no embarrassment at all. The Chair had no reference
to the call of the House, as the gentlemen think, nor would the Chair
object to a call of the yeas and nays. But the phrase in the resolution
contemplates the introduction of business which could not come in without
interfering with the order of business at this time. The Convention has
adopted the rules and order of business of the House of Representatives of
the last Territorial Legislature, which admit of no interruption unless they
can be suspended. A motion was made to go into this matter of a selec-
tion of a Constitution, which the Chair overruled, and the Convention pro-
ceeded with the regular business, which was the introduction of resolutions.
The Chair stated that the resolution was in order, provided the vote for
the choice of a Constitution could be thrown beyond the regular morning
business.

Mr. Slough. I insist on an appeal from that decision.

The House divided on the question of appeal, and the vote stood — af-
firmative 18, negative 21. So the decision of the Chair was not sustained.

The President. The Chair ^^'ill hereafter admit all resolutions of what-
ever character in their regular order. This vote will work a change in the
order of business to that extent.

Mr. Wrigley proposed to amend the resolution by striking out the word
territorial.

Mr. Th.\cher. Some gentlemen may desire to vote for the Topeka Con-
stitution, and for that purpose I inserted it. Some gentlemen may, per-
haps, wish to vote for the Lecompton Constitution.

The amendment was agreed to.

Mr. Arthur proposed to strike out the word State, which was also
agreed to.

The resolution as thus amended was adopted, and the Convention pro-
ceeded to fill the blank by ballot, with the following results:

On the first ballot Ohio received 13 votes, Indiana 12, Kentucky 6,
Leavenworth 5, Topeka 3, Pennsylvania 2, Iowa 2, Wisconsin 2, Massa-
chusetts, Michigan, Maine, Mirmesota, and Oregon 1 each.

On the second ballot Ohio received 25 votes, Indiana 23. and Kentucky 1.

40 CoNVEXTioN Proceedings and Debates.

So the Coiistitution of Ohio, having received a majority, was declared to
be the proposed basis.

XO SMOKING.

Mr. Hutchinson submitted the following, \\hich was adopted:
Resolved, That no smoking shall be allowed in this Hall, either within or

without the bar, and that the Sergeant-at-Arms be instructed to strictly

enforce this rule.

reports to be printed.

Mr. Wrigley submitted the following, which was adopted:

Resolved, That the several committees to frame a Constitution are
hereby authorized and instructed, at the time they make their several re-
l)orts to the Convention, to furnish each member of the Convention with
printed copies of their reports.

memorial of s. n. wood and h. j. espy.

^Ir. Greer, from a majority of the committee on Credentials, submitted
the following:

The committee having considered the matter of the memorial of S. N.
Wood and H. J. Espy, claiming seats in this Convention from the counties
of Chase and Morris, desire to submit the following report.

Your committee find that the act of the Legislature pro\dding for
this Convention, in establishing the several districts for members
["XXI] ^'thereof, include the counties of Chase, Morris, Osage and
Breckenridge in one and the same district — said district so constituted
being entitled to send two delegates to this Convention, and that Messrs.
J. M. Winchell and Wm. McCullough have been admitted to seats as dele-
gates from said counties, having certificates of election from the Executive
of the Territory.

Your committee therefore feel constrained, under the circmnstances,
to report adversely to the claims of said memorialists.

J. P. Gheer, R. Graham,

W. P. Griffith. B. F. Simpson,

S. A. Kingman.

Mr. Slough, from the same committee, submitted the following mi-
nority report:

The undersigned, a minority of the committee on Credentials, on the
application of Messrs. Wood and Espy, claiming to have been elected in
the counties of Morris and Chase as members of the Constitutional Con-
vention for admission to membership thereof, report :

1st. That the Constitutional Convention Bill does not provide in its
apportionment for the counties of Morris and Chase.

2d. They find, upon examining the journals of the Legislature, that
at the time of the passage of the Constitutional Convention act, there
was no such county as Wise in Kansas Territory.

3d. That the act creating the county of Chase, according to the
journals of the Legislature, was approved by the Governor on the third
day of February, 1S50, and the name of the county of Wise was changed
to Morris on the eleventh day of February, 1859, that afterwards, upon
the same day, the Convention act became a law.

That consequently, neither Morris nor Chase could legally vote in the
17th or any other district. •

4th. Thev find that Morris and Chase counties are now entirelv un-

Thursday, July 7, 1S59. 41

represented in the Convention, and will be virtually disfranchised unless
one or both of said applicants are admitted to seats in the Convention.

5th. We find that at the election held on the 7th day of June, a.d.
1859 the voters of Morris and Chase counties met at their usual places
of holding elections, and voted for two delegates to this Convention, and
that said election and returns appear to have all the forms of law; that at
said election for delegates to this Convention in s.aid counties of Morris
and Chase:

S. X. Wood received 159 votes.

H. J. Espv " 145 "'

J. M. Winchell " 5 '•

AYm. McCulIough received 5 "

That, according to said returns, Messrs. Wood and Espy were duly
elected members of this Convention from said counties. We therefore
recommend the passage of the following resolution:

Resolved, That Messrs. S. N. Wood and H. J. Espy be admitted to seats
in this Convention from Morris and Chase counties with all the rights of
members of this Convention. John P Slough

C. B. McClelland.

Mr. Stinsox. ]\Ir. President. I move the adoption of the niinorir>'
report, and that Messrs. Wood and Espy be heard at the bar of the Con-
A'ention.

Mr. Thachei; proposed to substitute "majority"' for "minority."

Mr. Ross. 'Mr. President, I hope the ciuestion will not be put in that
shape. I propose to amend the amendment by modifying the motion so
as to adopt the report of the majority of the committee, and cut off the
balance.

Mr. Slough. ]Mr. President, I presume that the argument upon the prin-
ciples involved in this, as well as the Wyandotte case, might as well come
up at this time, and for that I take the floor. It may be, in view of the
[*XXII] facts the minority of the Committee on Credentials have *re-
]iorted in these two cases of those claiming seats from Wyandotte and
those from Morris and Chase — that the same argimient can be made to
apply to both cases.

The facts presented in these reports — and which we think justifiable by
the records — show conclusively, that, under the law under which this Con-
vention assumes to convene, the counties of Wyandotte, and those two
coimties in Southern KansAs formed out of Weller, etc., remain unrepre-
sented on this floor. This is the basis of the argument. All must concede
that, if the proposition I lay down as a foundation is true — that, if these
people are without a representative here, their rights have been violated.
But gentlemen shield themselves behind the law which does not provide
them a representation.

There are a few prominent considerations, and but a few, to be taken in
the solution of this matter. And to strike at once at the root of the matter,
I lay it down as a proposition, that the Legislature of the Territory- of
Kansas had no right, either directly or indirectly, to disfranchise any por-
tion of this people. It was not competent for the Legislature so to act, for
if you accord to them the power to disfranchise one portion, you accord
the power to disfranchise every other portion of the Territory. But it is
not competent for them to do so. It is not in the powers conferred on
them by the Organic Act. The Territorial Legislature receives all its
lowers from that source, and that act declares that they shall have juris-

42 Convention Proceedings and Debates.

diction over all rightful subjects. I submit that, if we adopt this rule of
the right of disfranchisement, and we should make a Constitution unac-
ceptable to the people, whatever may be the complexion of the succeeding
Legislature, they may proceed to disfranchise any portion of the Territory-
to subserve their own purposes of representation in the next Constitutional
Convention.

But granting, for the sake of argument, that the Legislature had the
right to disfranchise these counties, the next question is, have they so
done? And here I make the Statement: — though it may be a startling
one — that we are sitting here without authority of law. We are no Con-
stitutional Convention, if we claim our seats by virtue of the act of the
11th of February last. That act of the Territorial Legislature received
diverse and sundry amendments which do not appear in that which re-
ceived the signatures of officers and the Territorial Governor. And, tak-
ing the other power, that which purports to be the law and was signed by
the Governor is not the same matter which passed the Legislature. And
so it is, that we are sitting here without authority of law, if we claim our
seats in virtue of that act.

There is another question, sir, at the bottom of the whole. I hold that
the people have the right to revolutionize their form of government. The
people may, at any time, authorize a Convention of delegates to frame and
submit a Constitution, and if the people ratify it, there is no power on
earth that can prevent its force. We have a precedent for this in the
history of the State of New York. The people of New York called a Con-
stitutional Convention in violation of their then existing Constitution. The
new Constitution so formed was submitted and ratified by the people, and
it was held that no power on earth could question its legality.

This body, sir, is responsible, not to the Legislature, but to the peoi)le.
This Convention is omnipotent — so to speak — the highest political power re-
stricted only by the Constitution of the United States.

Then if I have started out on a just hypothesis, we have full control of
the matter before us. If these people have been disfranchised we can say
to those gentlemen, (Messrs. Wood and Espy), occupy your seats and
serve your constituents with us ; and we can admit them or any other per-
sons ha\dng similar claims, not only to the floor and the pri\aleges of de-
bates, but to the right to vote.

There is another question, which it seems to me, should appeal not
only to the reason, but to the sensibilities of members. Let gentlemen
[*XXIII] *put the question to themselves. There is not a man here — •
there is not a man amongst our constituents who would not feel as the
people of Morris and Chase feel, if they had been omitted and deprived of
a representation here — that would not feel that they had a right to be rep-
resented on this floor, and that would not come here and claim that right.
A principle is involved in this question which is above all others in the bill
of rights — it is the principle which led to the formation of the government
.under which we now live and prosper. It has been but a few days since
we all united in celebrating the anniversary of an event that will live as
long as time endures, and the memory of wliich cannot cease to rejoice the
hearts of millions. What was the chief declaration of that event? It was
the declaration of principle we all approve— a principle that loosened the
bonds that bound our fathers to the mother governipent and led them to
set up for themselves — it was opposition to the principle of taxation with-
out representation. We were all united on that occasion in celebrating the
triumph of this principle, and I cannot but regard with surprise the fact,

Thuhsday, July 7, 1859. 43

that so soon after a majority of one of the committees of this body should
be wilhng to apply a different rule to the people of the counties of Morris
and Chase, who are sustaining with us the burdens of taxation.

Mr. President, shall we ask these people to sustain a government which
they are to have no voice in framing? Certainly not; and I certainly
think, sir, that it cannot be necessary for me to say another word in this
behalf.

Mr. Blunt. Mr. President, I feel confident, in taking part in this dis-
cussion, that I can approach it without partisan feeling or prejudice. I
come here owing no allegiance to party or sect. I come here independent —
representing a constituency belonging to all parties. I have no other desire
than to subserve the public interest and the welfare of the people of this
Territory.

This is the fourth time in the history of Kansas that the people, through
their delegates, have made an attempt at a State organization.

Three times prior to this, their labors in this direction, for some reason
or many reasons, have never terminated in any good, never proved for
the benefit of the Territory. And I believe it is now the wish and the
desire of the masses of the people of the Territory, exclusive of those who
are figuring for certain positions in political parties, that we should have
a State organization, and that this Convention may frame a Constitution
that will meet the wants and wishes of the people of the Territory, that
will develop her resources and subserve the interests of the whole people,
and in connection with which no barrier can be set up against our adinis-
sion into the Union. In view of these facts, our Legislature, at their last
session, provided the machinery by which the people might call a Con-
vention to frame a Constitution for the State of Kansas. The bill for this
purpose was composed of several integral parts. One provision contained
in that bill was that the Convention should consist of fifty-two delegates.
These delegates were apportioned among the several districts of the Terri-
tory. Another provision was, that on a certain day the people should
vote for delegates to this Constitutional Convention. Another provision
was, that these delegates should assemble on the 5th day of July at Wyan-
dotte, and proceed to the formation of a State Constitution. Then again,
it provided that on another given day that Constitution should be sub-
mitted to the people for their ratification. And then it further provided
for the organization of the State government by the election of State
officers.

Now, I hold that the people, in going into that election, have passed
upon that law, and notwithstanding all that is said about the sovereignty
of this Convention, I believe that law is binding in all and each of its parts.
[*XXIVJ *With reference to the admission of the Wyandotte delegates,
there is sufficient ground outside of the law to satisfy my mind that they
should not come in. The gentleman has referred to the history of this
legislation, setting forth that there was no law authorizing this Convention.
All that I know about it is outside of the journals of the Legislature. I
know that such a law appears upon the Statute book — that the Governor
has issued his proclamation and an election has been held under that law.
But I am told that the bill which they claim to have passed both Houses,
but which did not become a law for want of signatures, provided for the
county of Leavenworth seven delegates, and for the county of Wyandotte
two delegates. If gentlemen hang their argument on this fact, let them in
the spirit of justice, and fairness, and honesty toward Wyandotte county,
agree amongst themselves which of the delegates from Leavenworth shall
step aside and make room for these two delegates. They have got the

44 CoxvEXTiox Proceedixcis axd Debates.

stolen property in their own pocket. Let them disgorge, and tender to
Wyandotte what in fairness and right belongs to her.

But, Mr. President, were this the only ol ejection I could easily forego
that. I could easily consent to this accession of delegates through Leaven-
worth. If this were the only difficulty I could extend to them the right
to come in as delegates. But, as I said before, the people are desirous of
bringing tliis matter of a State organization to a close. They feel that
their rights have been chsregarded and trampled upon too long, and that,
too, by the same party who are seeking to bring in these delegates. That
same hydra-headed monster that has been so long treading us down to the
dust, appears here to-day for the purpose of annoying us, and tempting
us to put our foot in it in such a manner as to make this Constitution null
and void. I would be wilhng to extend liberally every right and courtesy
we can consistent with our duty and the law creating this body; but if in a
spirit of fairness and liberahty we should extend to them the right to come
fully with us into this work, to participate in the debates and sign the
Constitution with us, what gratitude, sir, do you suppose would be extended
to us in return? The Constitution would bear upon its face the e\idence
of illegality. It would show that tliis body was composed of fifty-four
members, when the law has proAided that it shall consist of fifty-two mem-
bers; and the same gentlemen who are now clamoring for liberality and
against disfrancliisement, would be first to use it against our adinission
nito the Union, because we could not come in proper form and legal
manner.

I know that it is the desire of the party now administering the aft'airs of
the Federal Government, that Kansas may be kept out of the Union, and
that the Territorial government be continued; and it is for the purpose of
preventing any pretext against our admission, that I propose to confi.ne
myself strictly and rigidly to the letter of the law, not only in this matter,
but in every other of its provisions.

IVIr. President, Let [us] lay aside every partisan feeling and local preju-
dice, and in the spirit of ingenuousness^ let us give to the people a Constitu-
tion that shall be acceptable to them and honorable to our glorious constel-
lation of States. Let us submit this instrument to the people in accord-
ance with law, that when we present ourselves for admission we may do
so in a fair and legal manner ; and then, if there should be found men wish-
ing to keep us out because we may not have the requisite 93,000 popula-
tion, let the responsibility be on their own hands.

Mr. President, as I said before, I have no partisan feeling in this.
I am willing that eveiything should be done that can be done consistent
with the law. Did I not fear that it would be used as a club against us, I
could acquiesce further in the wishes of gentlemen. But I conceive that our
[ ■•XXV] only safety is in con^fining ourselves to the letter of the law.
and that confines us to fifty-two members. I have heard of squatter
sovereignty, but I conceive that this Convention has no power to interfere
with the law on the plea of squatter sovereignty. If we have the power to
increase our number, we may diminish also, and we may do so ad infinitum.
If we admit these from Wyandotte, others may come down upon lis from
Nebraska on the North, and the Cherokee nation on the other side. Sup-
pose the election of delegates had been held on a difi"erent day from that
presented in the law, or sui)pose this body had assembled and organized
on the first instead of the fifth of July, could it l)e claimed that we were a
legal body? Certainly not. I do not believe the gentlemen themselves
e.xpect these seats to be accorded. They only want to get us upon the

' Note. — See pa?e [* 2] for correction.

Thursday. .July 7, ISoiK 45

record in such sort that they may make poUtical capital out of it, may
oppose our admission into the Union, or wrest a chib from oiir hands to
beat out our brains.

Mr. Griffith. Mr. President, I hold in my hand a proclamation of the
Governor, from which it appears that the counties of Wise, Walker, Osage
and Breckenridge compose the 17th district, and that these claimants of
.seats (Messrs. Wood and Espy) were unsuccessful candidates in that
district. If they were admitted, that district would have twice the number
of delegates in this body which the law contemplates. If we are willing to
set aside the law so far as to double the representation of the 17th district,
we can adopt the report of the minority. I think it does not bear dis-
cussion. No person can entertain the thought of the admission of these
memorialists. The record shows the facts against them clearly. The matter
is too plain for chscussion or mistake. If these counties were disfranchised
it would be a different case. But the record shows that all four of the can-
didates were voted for; and these two unsuccessful candidates claim seats
because Morris and Chase counties have been erected or appear under other
names since the passage of the Convention act!

Mr. McDowell. Before the vote is taken on this proposition, I desire
to present some considerations influencing my mind to give my vote in favor
of according these seats. This is a very grave question, to the considera-
tion of which we should bring a calm, chspassionate judgment, in order that
we may see its bearings clearly.

The gentleman from Anderson (Mr. Blunt) certainly very happily
illustrated the proposition with which he set out — that he did not intend to
view this question with the eye of a partisan, but look upon it fairly and
\\'ithout excitement, passion or prejudice; and before he concluded he
went into a tirade against the Democratic party that was certainly un-
warranted by anything said by those who had preceded him. It is not my
purpose to reply to anj-thing of that sort. I propose simply to look at the
(question on issue.

The first question is — Has this Convention, after its organization, any
legal power or right to determine who shall be admitted as members? or
are we to be governed entirely by the act of the Legislature that has
called this Convention? I shall assume that the Convention act of the
Legislature was properly passed. I shall assume, for the purpose of argu-
ment, that it was properly passed and signed by the President of the Coun-
cil, the Speaker of the House of Representatives and by the Governor, and
that to all intents and purposes it is a valid and binding law: still I claim —
this being admitted — that this Convention has the right to admit those
gentlemen elected for these counties, at an election honestly held, notwith-
standing these counties are not embraced in the law. The only thing in the
act is the taking of the preliminary step, in order to have an expression of
the will of the people upon the questions whether they will have a Conven-
[*XXVI] tion, and who shall repre^sent them in it. To that extent the
law ought to be pursued. But when the delegates of the people come in
here, the power of the Legislature over them ceases, and this body be-
comes a sovereign body in itself, with no other restraint, as remarked by
my colleague [Mr. Slough] but the Constitution of the United States and
their own oath.

Sir, what is the object of calling this Convention? This is one of the
^•a^ious modes by which a Territory may get a State Constitution before
the Congress of the United States, in order that they may throw off their
Territorial condition and gain a State Government. But this is not the
only mode of effecting this object. The people might assemble in their

46 CoNVEXTiox Proceedings and Debates.

sovereign capacity — might adopt a Constitution — might delegate some one
to take it to Washington; and if Congress, perceiving it to be republican
in form, are satisfied it is the act and deed of the people presenting it,
Congress has the right to admit them; and they have heretofore recognized
the legality of such a proceeding by the admission thereupon of a sovereign
State. I say we could have made a Constitution without any Territorial
law, which we could send on by way of memorial, and if Congress saw
fit they could admit us into the Union in that way. All that Congress
wishes to know about it is, that the Constitution is repubhcan in form,
is the work of the people presenting it, and that the new State desires ad-
mission into the Union.

We have assembled here in this body to form a Constitution for the
people of Kansas. We are their representatives. They have delegated this
business to us — all those of us who have been elected under this law. These
gentlemen []\Iessrs. Wood and Espy,] represent a particular constituency,
and come here and ask for seats; and it appears from the report of this
committee that their counties are in this Territory, and that they are
large and populous, and have no representation on this floor. Then, if it is
desirable that this Convention should frame a Constitution for the people
of Kansas, in Gods name, it seems to me that all the people in the Terri-
tory should be represented here. Are you going to say, sir, that the people
of Wyandotte and of Southern Kansas shall not be heard on this floor?

The majority of the committee have reported, that through some mis-
take, Leavenworth county has received the representation that Wyandotte
county ought to have, and that Wyandotte is practically represented
through Leavenworth; because at the time of making out the basis of
apportionment, Wyandotte county cUd not exist, but was considered in the
apportionment. It is claimed also, that we are bound to exclude these men
because this Convention act provides that the Convention shall consist of
fifty-two members, and that we have no power to increase that number.
If the proposition which I have advanced, that we are not limited by the
Territorial act after we become organized, be true, then the argument
for the latter objection has no weight at all. If that act can tie our
hands in relation to the number of delegates — ^if the Legislature can say
what we shall do after we get in here, it may also interpose in any other
matter. It may even make the Constitution for us. It may say we shall
have so many committees. It may say that the Constitution shall have so
many articles. The reasoning of gentlemen who would exact from us the
observance of such a provision of law, would lead to all such absurdities.
Sir, the position is so untenable, that it seems to me no man can seriously
claim it.

But it is claimed that the law under which we are assembled is not
the law of the last Legislature. If that be the case, we are sitting here by
the sufferance of the people. If we make a Constitution and the people
I "'XXVII] adopt it, well and good; and if the whole matter "has to be
passed upon by the people, why not let the people be represented on this
floor?

The analogies that may be drawn from a legislative body cannot be
fairly brought to bear upon this Convention. A legislative body is created
by a specific act. It derives aU its powers from the Constitution. It has
none others than the powers given and granted in that instrument. There-
fore it would not do to say that, if this were a question before a legislative
body we could not do what we propose and advocate. The Legislature is
the creature of the organic act, aud restricted by it, — whilst this body is
restricted by no power but the Constitution of the United States. Is there

Thursday, Ji i.y 7, 1859. 47

anything in that instrument to prohibit these claimants from taking their
seats? I imagine not. Is there anything in common justice, the behests of
which we ought at all times to observe — that exacts their exclusion? If you
claim to represent the people, why do you refuse to allow them to be rep-
resented? Is there not something of the appearance of partisan feeling in
all this? Would not the case have been a Uttle different, if the political
complexion of these delegates had been different? I submit these con-
siderations to gentlemen who propose to act so dispassionately in the dis-
cussion of this question.

Sir, I advocate the right to seats by these men, because they are entitled
to them, irrespective of their political proclivities. I care not what they
are. Whenever a county comes up with a delegate that was overlooked
by the act that brought us together, I shall vote for his admission. I can
conceive of no other aspect in which this case can be "\dewed. If I am right
in my first proposition of our sovereign power after organization, then it
is conclusive that we have the legal right to admit these gentlemen. And
if we have the legal right to admit them, there is the strongest possible
reason that we ought to do so, in the fact that unless we admit them a
large portion of the people of the Territory wall be unrepresented in the
work of the Constitution we propose to make for them. Wyandotte and
other counties recently clad in the habiliments of county sovereignty, are
knocking at our doors. They present certificates of judges of election
showing that their delegates were elected by a majority of the voters in
their counties. They show that unless they are admitted, their counties
with large and intelligent populations, will have no voice upon this floor.
They ask admission as a boon — a higher one they could not ask, and a
.slighter one we could not grant.

Mr. May. Mr. President, I wash to ask gentlemen to consider whether
political complexions do not affect their course? Look, sir, at the Lecomp-
ton Convention. There were nineteen counties disfranchised in that Le-
compton Convention. And gentlemen from these counties went up to the
Governor, and the Governor told them they had been overlooked, and if
they would send up their delegates he would endeavor to have them re-
ceived. They went home and sent up their delegates to the Democratic
Convention at Lecompton — and what was the result? They were re-
jected,— and there are men now upon this floor who voted against their
admission. Now, sir, when the gentlemen throw out against Republicans
the charge of partisanship, I would advise him to look at his own act in
the past. Nevertheless I believe that Wyandotte ought to be represented,
but, for my part, under the law I do not see how we can admit them. I
have never seen in any Legislative body or Constitutional Convention any
more members admitted than the law pro\ided for. It is the same in all
legislative bodies, and Constitutional Conventions. I do not think we have
the power to increase our number above 52. I am clear in the impression,
that the gentleman cannot point to the case of any deliberative body
wherein such a thing has been done, either in this Territory or elsewhere.
But there is one thing I am glad of, I am glad to perceive that, as a party
[*XXVIII] our Democratic friends are repenting and doing their *first
work over again. I think they are looking at the matter and beginning to
see some of the absurdities of their conduct heretofore, and that they are
now taking different ground. Although the law called the Organic Act
has embraced in it the doctrine of squatter sovereignty yet it seems to me
that the action of the Democratic party in Kansas has repudiated that.—

4S CoxvEXTiox Proceedixgs axd Debates.

But, as I said l:)efore. I am glad they have repented, and seem to be doing
their first work over again.

Mr. Graham. Mr. President, I rise for the purpose of giving my knowl-
edge of the passage of this law, and for the purpose of \andicating the
character of the last Territorial Legislature, which was assaulted on this
floor last Tuesday. Gross charges of corruption and fraud were made
against that Legislature. Having been a member of that body, it seems
to me proper that I should state how these alleged frauds were committed.
Sir, I never saw a deliberative body numbermg thirty-eight men, more fair,
honest and upright in purpose and act, than the men of that Legislature of
The Territory of Kansas, [Laughter] and when this charge was brought
against tliis body — (which was entirely Republican) — I thought it was
designed for a reflection on the Repubhcan party.

The bill for the purpose of calling a Convention to frame a Constitution
was introduced into the Legislature before the county of Wyandotte had an
existence. It was then part of the county of Leavenworth. The bill, as
introduced, gave to Leave»worth ten delegates. — But when afterwards the
county of Wyandotte had been created — (Gov. Roberts was the member
from Wyandotte) — the Convention bill had passed the Council. A similar
bill in the House of Representatives had not been acted on. A Committee
was raised on that bill to consider the basis of representation. That com-
mittee took the highest number of votes ever cast at any election (with the
exception of the frauds at different points) for their basis, and fixed the
number of delegates to the Convention at 52 — 2SS being given as the
ratio of representation. With these elements we went on and made the
apportionment, which brought in the nineteen cUsfranchi.^ed counties.
Doniphan had not enough to entitle her to five representatives, and two
were stricken off and given to Wyandotte, &c. This was by way of
amendment to the Council bill. The Council assented to the House amend-
ments, except that they reduced the Wyandotte delegation to two, added
one delegate to Doniphan, and struck out "Atchison" and inserted "Wyan-
dotte" as the place of [for] holding the Convention. We in the House of
Representatives at once concurred, because those were the last days of the
session, and we wished to get the bill before the Gov. in time to avoid his
veto. This is a plain statement, and as to the charge of fraud it is utterly
preposterous. It comes with a very bad grace from these gentlemen — rais-
ing a hue and cry about fraud, when thej^ themselves are members of the
party that has inaugurated all the pohtical frauds in the Territory. It is
certain that a great fraud was practiced there, but how it came about I do
not know. The bill had to go through the hands of clerks, printers and
officers of both Houses. I do not charge fraud upon any man, but fraud was
committed. But to bring this charge against the Republican party, who in
all things in this matter have acted fairly and honorably — it comes with a
very bad grace from Leavenworth.

I could state other things, Mr. President, but I prefer to throw the veil
over them.

Mr. Stixsox. Mr. President, 1 cordially agree with my friend in the
admission, that a gross fraud has been perpetrated upon the people of this
Territory. There can be no dispute in relation to that; and now we urge
this body to rectify that fraud — to make that right which we all acknowl-
edge to be wrong. And with what arguments are we met? We are told of
the story of Lecompton. The gentleman says the Democratic party had
[*XXIX] the Le*compton Convention and disfranchised nineteen coun-
ties, and now we Republicans will try our hand and disfranchise one!
That is the argument legitimately. But I do not think jrontlemon intend to

Thursday. Jily 7, 1S59. 49

use it. There must be some other reason. Such reasoninq; mi'.rht be eood
in a court of law — good special pleading. But, .sir, here is somethinir be-
sides mere technicality in this question — something involvins the rights of
freemen. It is not the mere letter of the law that we are to look at. We
are not s-mply to inquire, "Is it so nominated in the bond?" but we are to
regard what is right, and do what we can to restore to these people their
rights in the premises.

It has not been alleged that there would be any violation of law —
though there might be a non-compliance — in the admission of the dele-
gates from Wyandotte county. I hope gentlemen will not give us here the
remnants of their political speeches in the canvass, but confine themselves
strictly to the question. The question is this: whether or not we are will-
ing that these gentlemen [Messrs. Wood and Espy] claiming to have been
elected delegates from the counties of Morris and Chase, shall present their
claims personally before the House? Once it has been refused. There
has been management to exclude them. Sir, I think that, in all fairness,
when men come here claiming an important privilege — fl speak from the
little knowledge and experience I have) — we ought to allow them to come
in personally and present their claims.

I hope the motion, in its present shape, will not prevail, because, if
these men are excluded, I did not wish them to feel that they have been
gagged down.

Mr. Thacher. Mr. President, I have but a word to say. Our debate
has wandered from the subject legitimately before us. The question of the
legitimacy of the seats for Wyandotte is not before us. The only question
is as to the right of the two gentlemen claiming seats for the counties of
Morris and Chase. Now, upon that question we cannot doubt. Both by
the proclamation of the Governor and the law, it appears that there are
four counties entitled to two members. It appears from the proclamation
that four canchdates were before the people of that (17th) district. Two
of these had the highest number of votes, and received their certificates.
The parties defeated come in here and claim to represent two out of these
four counties. The proposition is so absurd to my mind, that I do not
see how it can be entertained. The people have decided, not that these
men, but two others already holding seats here, shall represent them.

So far as the partisan aspect of the case is concerned, gentlemen make
a great mistake. The two persons claiming from down there, have al-
ways been identified not only with the Free State element, but with the
strictest and rigidest sect of that element. One of them is most strenu-
ously opposed to the so-called Democratic party, — and yet we are told that
we are excluding them on party grounds. These men have always been
identified ^ith us in action and sentiment, — and so that falls to the ground.

I am willing, sir, to admit a great deal that has been said on the other
side in regard to the power of this Convention. If you could convince me
that there is one county in the Territory disfranchised, I should vote to
admit their delegates here. But a false position has been assumed. You
might as well tell me that certain wards in the city of Leavenworth were
disfranchised, because their delegates here do not represent the public
sentiment of those certain wards. You might as well come up and say to
me that certain people in my county are disfranchised here — and iliat mi rht
be true in one sense — but if such argument is to have weight, what be-
comes of our republican institutions? I say again, if there was one dis-
franchised county I should vote to admit her delegates. I apprehend,
[*XXX] sir, that the people of Kansas have been too *long disfran-
chised— too long ground down by the iron heel of oppression — too long

4 — 778

50 Convention Proceedings and Debates.

the victims of a foreign power, to refuse now to her own people any of the
rights to which they are entitled. Said the Carthagenian conqueror to the
Roman Enaus, "I have learned to pity the unfortunate," and we would be
untrue to our past professions — to the great lessons that have been ex-
perimentally impressed upon our minds, did we not in this body render
equal and exact justice to every community and locality in the Territory.
But when people have been defeated in the popular arena, and then seek
to be admitted here, I tliink it is asking entirely too much.

Sir, when the other case comes up, I apprehend that still stronger argu-
ments will be found against that, than appears in this case of the counties
of Alorris and Chase: for when you argue for that case, you must impugn
and impeach the proclamation of the Governor, the Convention law and
everything connected therewith; and I apprehend gentlemen will not go so
far as that.

Mr. Greer. IVIr. President, I propose to confine myself to a few posi-
tions taken by gentlemen, and to the question itself. It is assumed that
this Convention is omnipotent — limited only by the Constitution of the
United States, and subject only to the ratification of the people. I admit
that the Convention is omnipotent, but for certain purposes only. It is not
so as to inherent power, but it is so as to their power deri%ed from the
people to make a Constitution. Hence, in view of this proposition — sup-
posing the argument of gentlemen to have been well taken — there is no
ground to assume that the people of any county to whom this Convention
submits a Constitution, will be disfranchised ultimately. This Convention
unquestionably has the power under the Constitution of the United States,
to put into the Constitution to be submitted to the people of Kansas any
proposition they may see fit. It is not, however, in the power of the Con-
vention to disregard the law which has called it into being. This Conven-
tion is not a power which the people have consented to be governed by.
The people cannot delegate sovereign power to a body like this. That is
inherent in the people themselves. I am not ready to concede the propo-
sition, that the people may delegate power to bind themselves without
their consent.

Then so far as the omnipotence of the Convention is concerned I beg
leave to differ from gentlemen. The law calling the Convention says
\pecifically, that this body shall be composed of fifty-two members. The
act of the Legislature demands obedience. When the laws are in concise
fiinguage no court can question their binding force, if they are not in viola-
tion of Organic law. Then if the Convention is bound by the act calling
it into existence, it can have no power to go beyond that act, so far as it is
limited positively, and so far as the people have already acted upon it and
accepted its provisions. Whatever power the Convention has, as against
the law, must belong to that portion of the law which the people have not
accepted and acted upon.

It is said by gentlemen on the other side of this question, that we are
sitting here without authority of law. I hold in my hand an act passed
by the last Legislative Assembly, signed and sanctioned by the Governor,
and having all the sanctions to give it force that belongs to any act of the
Legislative Assembly. With the leave of the Convention, I will read the
certificate of the Secretary of the Territory. [Reads] .

The act is in this volume (the Statutes) calling this Convention, under
which the people have acted, and so far as it has been carried out the
people have been governed by it, and I hold that we cannot depart from
those provisions under which the people have acted.

Thursday, July 7, 1859. 51

Sir, I feel clear of any partisan prejudice in this case. I stand on hiq:h
ground. Although I maj' be slightly Republican, I would not consent for
[*XXXI] a moment to disfranchise any *portion of the people of this
Territory. This is one of the granrl reasons why I think these parties
claiming from the counties of Morris and Chase have no right to seats on
this floor. I understand from proper authority, that the basis of appor-
tionment for tliis Convention is a])out three hundred votes. Looking at
the proclamation of the Governor, which contains the returns from the
counties represented here by J. M. Winchell and Wm. McCullough, I find
that less than six hundred votes were cast in those counties. Then would
it not be giving that portion of the Territory a double representation to
admit these parties! It would most unquestionably. This is a proposition
so plain that it need not be argued. Independently of this, these gentle-
men (Wood and Espy) do not come here as haA'ing received a majority
of the votes of that chstrict. nor with any other pretence or thing upon
which this Convention could act either justly, legally or intelhgently. 1
reside in a remote county of the Territory, but I represent a constituency
as jealous of their rights as any other people — and I will never consent to
so far disfranchise my own constituents as to grant a double representa-
tion to any district represented in this body.

Much has been said, sir, and with seeming confidence — whether for the
purpose of affecting the Convention or the public I do not pretend to say —
l:>ut it has been urged here that a great wrong has been sustained by the
counties of Morris, Chase and Wyandotte, by way of disfranchisement.
This I deny. Then again, it is said, we throw them out on political grounds.
This is not what I want ; I hope the majority here will not be actuated by
so narrow a policy as to exclude claimants from seats on purely party
grounds. I do not to-day know what are the political sentiments of the
gentlemen claiming seats from the counties of Chase and Morris. I am
told by some that they are Republicans, by others, Democrats.

I am told, sir, that there are gentlemen from certain portions of
Nebraska coming here and claiming seats. If this be so, they will certainly
find themsehes outside of the law calling this Convention, and my action
in this case will be as strong against them as that now before us. I am
told that these Nebraska claimants are about half and half — equally
di\'ided in political sentiment.

I cannot conceive of a single proposition on which these men can hang
their claims.

Mr. Stinsox. I move to lay the amendment of the gentlemen on the
table.

Mr. PREsmEXT recognized Mr. Ross.

Mr. Stixsox. I withdraw for the gentleman.

Mr. Ross. One idea occurs to me, and that is, by the admission of these
gentlemen we shall disturb the basis of representation established by the
Legislature, which the Convention is not competent to do. And then, if
we were to give this undue representation, to that extent we would dis-
franchise every other portion of the Territory.

The PREsmEXT stated the question to be on the adoption of Mr. Ross'
motion to amend so as to make the proposition simply "to adopt the
report of the majority of the committee."

Mr. Gr.\ham demanded the yeas and nays and they were ordered, and
being taken resulted — yeas 30, nays IS — as follows:

Yeas— Messrs. Arthur, Burris, N. C. Blood, Crocker, Button, Graham,

52 Convention Proceedings and Debates.

Greer, Griffith, Hutchinson, Hanway, Hoffman, Ingalls, Kingman, Lilhe,
Lamb, Midd'eton, May, McCuUouah, Preston, Porter, Ritchie, Ross,
Signor, Stokes, Simpson, Thacher, Townsend, T. S. Wright, Wilhams, Mr.
President — 30.

Nays — Messrs. Bhmt, Brown, Barton, Foster, Forman, Hippie, Hub-
bard, Houston, McDowell, McCune, McClelland, Palmer, Parks, Slough,
Stinson, Stiarwalt, J. Wright, Wrigley — 18.

So the modification was agreed to; and then the motion, as amended,
was adopted. printing and reporting.

Mr. Ross, from the committee on Printing, Reporting, and Preservation
of Records, submitted the following:

[*XXXII] *The committee on Printing respectfully report that they have
contracted for the necessary printing for this Convention on terms shown
in the following agreement:

I hereby agree to execute Printing for the Constitutional Convention, at
one dollar per thousand ems composition, and one dollar per token for
presswork — this proposition to include journal of proceedings, and all other
work in newspaper or book type. Jobbing at usual rates. Payment to be
made in scrip. g j^ MacDonald.

July 6, 1859.

In regard to the printing and preservation of the records of this Con-
vention, your committee report the following agreement on the part of
Dr. Bush, to wit:

Wyandotte, July 7, 1859.

CoiMiNtiTTEE — Gentlemen — Dr. Bush authorizes me to state for him, that
he will make verbatim reports of the proceedings and debates of the Con-
stitutional Convention for the Congressional compensation for such service,
i. e., six dollars and twenty-five cents for every thousand words reported.
He will also make the condition, that his account be placed on an equal
footing with the ordinary expenses of the Convention. He will agree to
keep up the reports as promptly as the body may desire them for pub-
lication, and otherwise in this matter remain subject to the order of the
Convention. Respectfully submitted,

A. E. Drapier.

The report was adopted, and the contracts accordingly confirmed.
Mr. DcDowELL made an ineffectual motion to adjourn till Monday to
facilitate the organization and business of the standing committees.

standing COMMITTEES.

The President announced the standing committees of the Convention.
The Convention then adjourned till to-morrow morning at 9 o'clock.

Friday, July 8, 1859.
The Convention met at 9 o'clock, a. m.

Prayer by the Chaplain.

Mr. E. Moore, a delegate from the county of Jackson, came forward,
received the oath of a member, and took his seat in the Convention.

WOOD and espy.

Mr. Slough presented a paper in the character of a petition and re-
monstrance, signed by S. N. Wood and H. J. Espy, remonstrating against
the jiction of the Convention in their case.

Friday, July S, 1859. 53

The paper was being read by the secretary —

Mr. Ritchie. Mr. President, would it be in order to move for a sus-
pension of the reading of insulting papers?

The President. The paper is with the Convention.

Mr. Ritchie. Then I move that the reading of this memorial be dis-
pensed with.

Mr. Slough. ^Ir. President, it seems to me to be out of order to make
a motion when any matter is pending.

Mr. President. There is nothing pending.

Mr. Slough. Could the Convention entertain a motion to interrupt the
reading of a proposition to amend?

The President. It could.

Mr. Wrigley. How can the gentleman know that the paper is insulting
before he hears it?

Mr. Slough. I have read it through, and there is not a word in it,
which, without violence, can be construed into an insult.

Mr. Blunt. I voted yesterday against the proposition to exclude
Messrs. Wood and Espy from being heard here, because I thought it due
to courtesy to hear them. But, their matter having been disposed of, I
think it would not be well to occupy further time about it. I shall vote
to suspend the reading.

Mr. Ritchie. The question has been asked, how I arrived at the con-
[*XXXIII] elusion that the matter "*is insulting before the reading?
I answer: because I consider this document emanates from a course of
insults, from the commencement. I understand that this body is composed
of members who have been before the people, and that they have decided
that we, the fifty-two recognized members here, are the proper representa-
tives of the people of Kansas in this Convention. The Governor, also,
has so decided, l^y issuing his certificate of the fact; and now here comes
up two of the minority candidates, who have been decently defeated, ask-
ing to take this authority out of our hands and place it in their own. Now,
in behalf of the people, I hold this to be an insult, not only to us, the
representatives of the people, but the people themselves. I would inquire
whether every member is not satisfied that time enough has already been
spent on this question, and capital enough made out of it for political
effect to go into the canvass? I want it to be distinctly understood that
I am not a partisan in this case. I generally commend the sentiments and
doctrines that emanate from the Democratic side of the House, if there are
two sides here. Their doctrines are impregnable. They are the doctrines,
the sentiments of the American people, and cannot be ignored. I do not
believe in the application they make of them. I am glad that, as members
of this body, we are becoming so nearly allied to each other; for the Topeka
Constitution emanated from the dictatorial basis which was declared here
yesterday by the Democracy. To show that there is no partisan feeling
in my course, I will state here that I understand that one of these me-
morialists is a fanatic, a negro-stealer, an abolitionist. I plead guilty
myself to all these accusations, and therefore I could have no political
prejudice against hearing from that side of the House.

The yeas and nays being demanded and taken, resulted — yeas 29, nays
20 — as follows:

Yeas — Messrs. Arthur, Burnett. Blunt, N. C. Blood, Crocker, Dutton,
Graham, Greer, Griffith, Hutchinson, Hanway, Hoffman, Houston, Ingalls,

54 CoNVEXTiox Proceedings axd Debates.

Kingman, Lillie, Lamb, Aliddleton, May, McCulloiigh, Preston, Porter,
Ritchie, Ross, Signor, Stokes, Thacher, Townsend, Williams — 29.

Nays — Messrs. Brown, Barton. Burris, J. Blood, Foster, Forman, Hip-
pie, Hubbard, Moore, McDowell, McCune, McClelland, Palmer, Parks,
Slough, Stinson, Stiarwalt, Simpson, J. Wright, Wrigley — 20.

So the reading was dispensed with.

Mr. Slough moved that the paper go to the liles of the Convention.

Mr. Thacher proposed to amend by rejection.

Mr. SLorcH demanded the yeas and nays, and they were ordered, and
being taken, resulted — yeas 30, nays 19 — as follows:

Yeas — Messrs. Burnett, Burris, J. Blood, N. C. Blood, Crocker, Dutton,
Graham, Greer, Griffith, Hutchinson. Hanway, Hoffman, Houston, Ingalls,
Kingman, Lillie, Lamb, Middleton, May, McCuUough, Preston, Porter,
Ritchie, Ross, Signor, Stokes, Simpson, Thacher, Townsend, Wilhams — 30.

Nays — Messrs. Arthur, Blunt, Brown, Barton, Foster, Forman, Hippie,
Hubbard, Moore, McDowell, ^^IcCune, McClelland, Palmer, Parks, Slough,
Stinson, Stiarwalt, J. Wright, Wrigley — 19.

So the amendment was agreed to and the paper rejected.

VOTE OF THE PRESIDENT.

Mr. Ross proposed the following amendment to the 6th rule, which was
adopted :

"In all cases of election by the Convention, the President may vote. In
other cases he shall not be required to vote, unless the Convention be
equally divided, or unless his vote, if given to the minority, will make the
division equal; and in case of such equal division, the question shah be lost."

SCHEDULE — SLAVES — APPORTIONMENT.

Mr. Parks submitted the following, and moved its reference to the com-
mittee on schedule:

Resolved, That the committee on the schedule be instructed to enquire
into the propriety of incorporating the following provisions in its report:

1st. That no incon\enience may arise by reason of a change from
a Territorial government to a permanent State Government, it is
[*XXXIV] *hereby declared that all writs, actions, prosecutions, judg-
ments, claims, recognizances, contracts and rights, for or against individuals
or corporations, shall exist and continue as if no change in the government
had taken place.

2d. All fines, penalties and forfeitures due and owing to the Territory of
Kansas, or to any county thereof, shall inure to the benefit of the State of
Kansas, or such county of the same. All bonds issued to any officer of said
Territory, or of any county thereof, in his official capacity, shall pass over
to the officer performing the same or similar duties in the State of Kansas,
or to such county of the same.

3d. All suits, pleas, plaints and other proceedings now pending in, and
all books, papers, records and other documents belonging to any court of
the Territory of Kansas, or of any county thereof, shall be respectively
transferred to the courts performing the same or similar duties established
by the authority of this Constitution.

4th. All laws and parts of laws now in force in the Territory of Kansas,
and not inconsistent with the provisions of this Constitution, shall con-
tinue and remain in full force and effect, until they expire by their own

Friday, July S, 1859. 55

limitation or are repealed or altered by the General Assembly, under the
authorit}- of this Constitution.

5th. All officers of this Territory now holding commissions from the
United States, or from the said Territory, shall continue to hold and per-
form the duties of their respective offices, until they are superseded, under
the authority of this Constitution; and all such officers shall receive the
same compensation for their services from the State of Kansas, for the
time they may so serve, as they do respectively from the United States or
from the said Territory.

6th. The Go^•ernor of the State shall use a private seal until a State
seal be procured.

7th. For the purpose of taking the vote of the electors of this Terri-
tory for the ratification or rejection of this Constitution, an election shall
be held in the various precincts of this Territory on the first Tuesday of
November, 1859, which election shall be conducted in all respects accord-
ing to the provisions of an act of the last Territorial Legislature, entitled
"An act providing for the formation of a Constitution and State Govern-
ment for the State of Kansas." Approved February, 1858.

8th. Each elector shall express his assent or dissent to this Constitution,
by voting a written or printed ballot labelled, "For the Constitution," or
"Against the Constitution."

9th. If a majority of all the votes cast for or against the Constitution,
shall be given in favor of this Constitution, then the same shall be deemed
to be accepted by the people of the State, and shall take effect accordingly ;
but if a majority of such votes be against this Constitution, then the same
shall be deemed to be rejected by the people of the Territory, and shall be
null and void.

10th. In the event that the electors of this State, shall decide in favor
of this Constitution, according to the preceding sections, then section

of the Bill of Rights shall be suspended in its operation, as to

slaves in the Territory at the time this Constitution shall be ratified as
aforesaid, for the space of twelve months from the day of said election; that

is to say, until the day of November, 1860, when the same shall

be revived, and shall remain and continue in full force and effect forever.

11th. The Governor of this Territory shall issue his proclamation, not
more than thirty days after said election, in which he shall announce the
result of the same, and in the event that electors have decided in favor of
this Constitution, he shall, by proclamation, at the same time, order an
election to be held at the various voting precincts in said Territory of Kan-
sas, on the first Tuesday of January, 1860, to be conducted, in all respects,
[*XXXV] according to the provisions of said act of the *TerritoriaI
Legislature, approved February, 1859, for the election of a Governor, Lieu-
tenant Governor, Secretary of State, Auditor of State, Treasurer of State,
Attorney General and Superintendent of Common Schools, and for mem-
bers of the General Assembly, as provided in this Constitution, and also a
Representative in the Congress of the United States.

12th. Until an enumeration of the inhabitants of the State of Kansas
shall be made, according to the provisions of this Constitution, the county
of Doniphan shall elect one Senator and three Representatives; Atchison
shall elect one Senator and three Representatives; Brown, Nemaha,
Marshall and Washington, one Senator; Brown, ore Representative; Nem-
aha, one Representative; Marshall and Washington, one Representative;
Jefferson, Jackson and Pottawatomie, one Senator and one Representative
each; lieavenworth, two Senators and six Representatives; Riley, Clay,
Davis, Dickinson, Morris and Waubonse, one Senator; Riley, Clay, Davis

56 Convention Proceedings and Debates.

and Dickinson, two Representatives; Morris and Waubonse, one Represent-
ative; Shawnee, one Senator and two Representatives; Douglas, one Sena-
tor and four Representatives; Wyandotte and Johnson, one Senator;
Wyandotte, one Representative; Johnson, two Representatives; Lykins and
Frankhn, one Senator; Lykins, two Representatives; Frankhn, one Repre-
sentative; Chase, Madison, Breckenridge and Osage, one Senator; Chase,
Breckenridge and Osage, two Representatives; Madison, one Representa-
tive; Linn, Bourbon and McGee, one Senator; Linn, one Representative;
Anderson, AUen, Dorn, Wilson and Godfrey, one Senator; Anderson, one
Representative; Allen, Dorn, Wilson and Godfrey, two Representatives;
Coffey, Woodson, Greenwood, Butler and Hunter, one Senator; Coffey,
two Representatives ; Woodson, Greenwood and Butler, one Representative.

13th. Upon official information having been received by the Governor
elect that the State of Kansas has been admitted as one of the sovereign
States of this Union under this Constitution, he shall, by proclamation,
convene the members of the General Assembly at Lecompton, by at least
thirty days' notice, to be published in one paper in each county, if there
be one. Said General Assembly shall proceed to elect two United States
Senators in Congress, shall provide for the early election of all necessary
State and county officers by the people, and shall make such other pro-
visions as taay be necessary to the early and complete organization of a
State government.

14th. The seat of government shall be fixed at Leavenworth, until the
second meeting of the General Assembly, which shall have power to fix
the permanent seat of government. The first meeting of the General As-
sembly shall fix the compensation of the members thereof, anything in this
Constitution to the contrary notwithstanding.

15th. The oath of office herein directed to be taken, may be admin-
istered by any judge or justice of the peace, until the General Assembly
shall otherwise direct.

16th. In the event that this Constitution is approved and accepted by
the electors of the Territon>^ as hereinbefore provided, one copy of the
same, authenticated by the President and Secretary of this Convention,
shall be transmitted by the hands, of a sworn messenger, to the President
of the United States, with the respectful request that he present the same to
the Senate; another copy authenticated as aforesaid, to the delegate from
Kansas, with the respectful request that he present the same to the House
of Representatives, and a memorial drawn by a committee of the members
of this Convention and approved by this Convention, asking our admission
into the Union under this Constitution, as an independent and sovereign
State.

On motion by Mr. Ross, the resolution was laid on the table.

[*XXXVI] "^FKEE negroes.

Mr. Slough offered the following, which was referred to the committee
on Preamble and Bill of Rights.

Resolved, That the committee on Preamble and Bill of Rights be in-
structed to inquire into the expediency of incorporating in their report a
provision against the future settlement in Kansas of free negroes.

KANSAS CLAIMS.

Mr. Slough offered the following, which was referred to the committee
on Ordinance:

Resolved, That the committee on Ordinance be instructed to inquire into
the expediency of reporting a petition favorable to the payment of claims

Friday, July 8, 1859. 57

rei)orted by the Claim Commissioners appointed under the act jiassed by
the Territorial Legislature in 1859, by the National Government, either
in money or a grant of land.

Mr. Brown, of Leavenworth, offered the following, which was adopted:

Resolved, That it shall be the duty of the committee on Printing or a
majorit}' thereof, to examine daily, or as often as they may deem neces-
sary, the accounts of said printer, as also the account of printing actually
done and returned, as the work progresses, and to keep a book or books in
which they shall enter all necessary particulars with their comparisons and
calculations, together with all data on which their calculations may be
based, and it shall be the duty of the printer whose proposals are accepted,
to afford either by himself or foreman, all due facility for carrying out the
object of this resolution.

WYANDOTTE REPRESENTATION.

Mr. Greer, from the committee on Credentials, submitted the following:

The committee on Credentials to whom was referred the claim of
Messrs. Bennett and Welborn to seats on this floor as delegates from
Wyandotte, with instructions to hear the claimants by themselves or coun-
sel, have had the same under consideration, and beg leave to submit the
following report:

Your committee ha\nng gi^'en due notice of the time and place of meet-
ing met at the time and place designated, to hear the claimants by them-
selves or counsel. No appearance was made. Your committee made no
comment upon this manifest intention on the part of the claimants to
trifle with the Convention, and delay its action, because the reasons are
}iatent and obvious.

To prevent the further useless waste of time in this Convention — the
unnecessary delay of business, and the prolongation of the session, your
committee recommend the adoption of the following resolution:

Resolved, That this Convention rescind the resolution permitting the
claimants, Messrs. Bennett and Welborn, to appear before this Conven-
tion by counsel.

Resolved, That the claimants, Messrs. Bennett and Welborn, are not en-
titled to seats in this Convention.

J. P. Greer, Wm'. R. Griffith,

Robert Graham, B. F. Simpson,
S. A. Kingman.

The yeas and nays were demanded and taken on tliis question, resulting
— yeas 33, nays 18-— as follows:

Yeas— Messrs. Arthur, Burnett. Blunt, Burris, N. C. Blood, J. Blood,
Crocker, Button, Graham, Greer, Griffith, Hutchinson, Hanway, Hoffman,
Houston, Ingalls, Kingman, Lillie, Lamb, Middleton, May, McCullough,
Preston, Palmer, Porter, Ritchie, Ro.ss, Signor, Stokes, Simpson, Thacher,
Townsend, Williams, Mr. President — 33.

Nays — Messrs. Brown, Barton, Foster, Forman, Hijiple, Hubbard,
Moore, INIcDowell, McCune, McClelland. Perrv, Parks. Slough, Stinson,
Stiarwalt, J. Wright, Wrigley, T. S. Wright— 18.

So the report was accepted.

Mr. Kingman. I now move the adoption of the two resolutions re-
ported.

Mr. Slough. I move to amend bv striking out the first resolution. I

58 Convention Proceedings and Debates.

make this motion to strike out, Mr. President, for the reason that I be-
heve it is beyond the power of the Convention to reach this matter at this
["XXXVII] time. It will *be remembered that two days ago upon my
motion the privilege was granted to these gentlemen to be heard by counsel
at the bar of the Convention. Afterwards, the same day, a motion to re-
consider that vote was made and lost. According to parliamentary usage
no other motion to recon-sider can be entertained, and so we cannot legally
pass this resolution to rescind that order.

The amendment was rejected; and then the resolutions reported by the
committee were adopted.

Mr. Griffith submitted the following:

Resolved, That Messrs. Bennett and Welborn be admitted to seats on
this floor, and the privilege extended to them of participating in the pro-
ceedings of the Convention, so far as to make motions and participate in
the discussions, but not to vote.

Mr. Griffith. I wish to state, that we regard this an unfortunate affair
that the county of Wyandotte was overlooked in the Constitutional bill.
It is known that Leavenworth county has the number of representatives
intended for Leavenworth and Wyandotte. But to show to the Conven-
tion our willingness to extend to these gentlemen all the courtesy in our
power, and to give Wj^andotte as direct a representation as possible, we
move this resolution, and we propose to call the yeas and nays on the vote.

Mr. Wrigley proposed to amend by striking out all after the word
"resolved," and inserting the following words:

"That the Wyandotte county delegates be admitted to all the rights
and privileges of other delegates upon this floor."

The President. The Chair will rule the amendment out of order.

Mr. Slough. I appeal from the decision of the Chair, and demand the
yeas and nays; which being ordered and taken resulted — yeas 33, nays 18
— as follows:

Yeas — Messrs. Arthur, Blunt, Burris, J. Blood, N. C. Blood, Crocker,
Button, Graham, Greer, Griffith, Hutchinson, Hanway, Hoffman, Houston,
Ingalls, Kingman, Lillie, Lamb, Middleton, May, McCullough, Preston,
Palmer, Porter, Ritchie, Ross, Signor, Stokes, Simpson, Thacher, Town-
send, Williams, Mr. President — 33.

Nays — Messrs. Brown, Barton, Foster, Forman, Hippie, Hubbard,
Moore, McDowell, McCune, McClelland, Perry, Parks, Slough, Stinson,
Stiarwalt, J. Wright, Wrigley, T. S. Wright— 18.

So the decision of the Chair was sustained and stands as the judgment of
the House.

Mr. Graham. Mr. President, I shall vote against this resolution, be-
cause this courtesy has been already proposed to be extended to these
parties, and they have refused it.

Mr. Blunt. Mr. President, this question has already occupied too
much time. It is very evident, from the chsposition manifested on the
other side, that they intend to vex us, and if possible induce us to commit
some error by which we may place ourselves outside of the law. I think
we have already attached too much importance to the. matter involving the
Wyandotte question, and that of the counties of Chase and Morris, par-
ticularly the latter. The case of Wyandotte, however, is one of peculiar
interest; but as for the case from Chase and Morris, I conceive that they
have no show of right. However, I was willing to extend all the courtesy

Friday, July S, 1859. 59

we could. Their matter was disposed of yesterday — finally disposed of:
and yet they thrust themselves again upon the Convention in a manner
that I conceive to be insulting, and I felt constrained to vote against the
reading and filing of their communication.

We are disposed to extend to the gentlemen claiming seats from Wyan-
dotte county all the courtesy we can consistently with the law creating the
Convention!^ If they are not disposed to accept, it is no fault of ours, and
it will be a matter with them and the people of Wyandotte county to
settle. If they refuse to come in and look after the interests of their con-
[*XXXVIII] stituents, and *accept of all the indulgence we can legally
tender to them, it is no fault of ours, and the responsibility must rest on
their own heads. I hope the resolution of the gentleman from Bourbon
will prevail.

Mr. McDowell. Mr. President, I shall vote against the proposition
of the gentleman from Bourbon. I am one of those believing that these
delegates have as much right here as any on this floor; and I for one do
not propose to insult them by saying they may come in and speak, but
not vote.

The gentleman from Douglas yesterday admonished the Convention,
that this Wyandotte case differed materially from the other. I under-
stood him to say that he agreed with me upon the question of the legal
power of the Convention to admit these gentlemen, and that their claims
were different altogether. But to-day this report is offered, and hurried
through the Convention without one word of remonstrance from that gentle-
man. And now, having ignored their right to seats — disfranchised the
county of Wyandotte, it is proposed to insult her people by compromising
in a way that is practically giving them no representation.

I call upon gentlemen to consider one moment what they do. Sir,
why do you offer them seats if it is not upon their acknowledged rights,
or upon some claim of right? If there were not some show of right, you
would not offer them empty honors. Then if there is a claim of right, let
us look at its extent. How far does it go? They are here duly elected
members from Wyandotte county. They come here with the certificates
of the judges of election, stating that they have been elected — have been
voted for by the majority. They come up, it is true, without the cer-
tificate of the Governor — and gentlemen seem to make a point on that.
They claim the right to exclude them because the signature of the Gov-
ernor and the great seal of the Territory has not been attached to their
certificates. Sir, the powers of the Governor, in this direction, are fixed
by the act calling the Convention. His powers are limited by that act,
but ours are not. All the facts are before the Convention. When the
Convention votes to exclude these parties, it does so with knowledge of
the facts that they were elected fairly — that a contest was had — that one
of the Republican candidates defeated was Governor Roberts, one of the
first men in the Territory. With these facts staring them full in the face,
have this Convention ignored the rights of these parties? For one, I
protest against it.

Some other gentlemen have claimed the right to exclutle those dele-
gates, because, they say Wyandotte is practically represented on this floor.
They charge that Leavenworth has the stolen goods, and that she ought to
disgorge, &c. Sir, I repel that charge. Leavenworth comes here not with a
full representation, as she is entitled [to] under the ratio adopted. She polls
over 3,000 votes, and those would entitle her to more than the ten dele-
gates she has, — Leavenworth county polled more than one-fourth of the
whole number of votes in the Territory. Wyandotte, with her lame and

60 Convention Proceedings and Debates.

intelligent population, is without a representation on this floor. In the
name of simple justice, I ask that the Convention shall not disregard the
rights of these people. We are making a Constitution for the people — we
are to propose it to be adopted by the people, and thereupon to go into
the Union as a great State: What then is fairer than that the whole people
should participate in making this instrument, under which they are to live,
and by which they are to be bound? This county has important interests,
which should not be overlooked by the Convention, and their delegates, it
seems to me, should be allowed to vote.

I have said that I do not regard this case as a partisan. I would,
for all such purposes vote for the admission of members of any political
faith under similar circumstances. And if gentlemen propose to shield
themselves; behind the quibble of a defective act, allowing only
[*XXXIX] *fifty-two members of the body, I tell them, that the 'people
of this Territory will not be misrepresented in that way. Once more, then,
on behalf of those who have no right here to speak for themselves, I pro-
test against this insult.

Mr. Slough. Mr. President, I vote against the resolution, because I
am unwilling to compromise the rights of Wyandotte county.

Mr. Houston. Mr. President, it was not my purpose to participate in
this debate; but there is a great question connected with it — nothing less
than the question of the admission of Kansas into the Union — and for that
reason I cannot let it pass silently. I say this matter involves the question
whether we shall get into the Union. There is not a man connected with
this body who understands all the complications, contingencies, uncer-
tainties and wire-working connected with the political machinery of this
government, and no man can pretend to say what advantages may be taken.
There is no man here more willing than I am to concede the right of the
members from Wyandotte to seats. In other words, there is no man
more ready to concede that this Convention has the undoubted power to
admit these gentlemen to seats, if they saw proper to do so. — But I regret
that it should be attempted to make political capital out of this matter.

Let us look at it. If we concede the right to admit, then it is a ques-
tion of mere policy. — We have had a number of State Constitutions made
for us from time to time. We have had difficulty after difficulty in con-
nection with them. We have been branded as a lawless people. We know
that in this Territory there is less respect paid to law than in the older
settled portions of the coimtry; and this, if it is not right, has its justifica-
tion. In some respects we are in advance of the people of the Eastern
States. We are in advance of them in the knowledge and appreciation of
human rights, and I rejoice at it. But at the same time, Mr. President,
if you allow these gentlemen to come in as full members, what would be
the result? It would open a gap through which politicians might corne in
and work the defeat of this Constitution. I know that it is not the wish of
the majority of the Convention to curtail a single civil right, but at the same
time they want to cet into the Union. We are unwilling to ])ut in jeopardy
the interests of this Territory. The time is coming when we shall cease
from fooling. We had perhaps better be a little unjust than defeat this Con-
stitution. The people wish to be settled in a State Government, and we
.should do nothing 1o defeat that object. While I concede that the Conven-
tion has the right to admit, I am sorry that its political complexion is such
that we cannot take a broader and higher ground. But, as it is, I think,
on the score of policy, the better plan is not to place ourselves in a position
that can work the rejection of Kansas, and throw her admission beyond
the Presidential canvass.

Friday, July 8, 1859. 61

I regret that oi;r friends on the other side are driven to the necessity of
seeming to be determined to make their continuous assaults ujwn us as a
party. They have found themselves in the minority, and seem determined
to make the most of it — hanging between, and taking either way-=-not
seeming to care for anything but to make the most votes.

I do not think I ought to prolong this debate. I shall give my vote for
the resolution, which 1 think would be the voice of my constituents: for
we all think the time has come when no ingredient or element of mischief
should be introduced into our civil affairs that might give to political wire-
workers opportunity to defeat great public interests.

Mr. Ritchie. Mr. President, this question is a very plain and simple
one. At the time the districting was made, Wyandotte and Leavenworth
were one and the same county. Therefore, when the apportionment was
made it was for the representation of that whole territory; and the ten
delegates from Leavenworth are here to-day, acting as much for the 500
[*XL1 voters in the county of Wyandotte as for those who '^cast their
votes for them in Leavenworth county. I believe in the intelligence of the
people — that the people will see through this matter.

I understand the gentleman on mj^ right. I allege that he represents
only the county and city of Leavenworth. But, sir, if he is governed by
that noble principle which he threw out yesterday — the democratic prin-
ciple— he is here to-day to represent Wyandotte interests as much as those
of Leavenworth; and I hope to see him extend himself and take Arapahoe
into his representative care. I come here feeling like Frank Pierce, that I
am to be "spread out" over the whole Territory of Kansas, and not con-
centrated upon one single locality. And I hope we are all here, not merely
to represent Leavenworth, or Shawnee, or Douglas, but to represent the
interests of the Territory of Kansas and support the principles of republi-
canism all over the world.

I think, sir, we have spent time enough in this way. Every vote on this
question has shown the will of the convention, and still the minority views
are pressed upon us. I want to direct the attention of the body to the
fact, that Republicans are in the majority here, and they are responsible
for this delay. It is expected of us to act economically — not spending the
money of the people through an extravagant waste of time. One of the
most effective charges against the present national administration is its
extravagance. Then inasmuch as we have come up here for the first time
as Republicans, we should commence retrenchment and reform in earnest.
I want to get through this work in another week. The people are not ex-
pecting to be kept out of the Union on account of the forms of law. We
were not the first to take the position that we must come in, if we come in
at all, under the forms of law. I am not going to deviate from that text.
I am for getting into the LTnion. I am going to stick to the text. It has
been the policy of Democrats here, if I understand them, to throw us out
of the forms of law. If I had been here, sir, in 1856, I would have taken
them by the hand and led them on. But I was not. I am glad to see our
Democratic friends coming in and endorsing the efforts that have been put
forth in behalf of freedom in Kansas. It is my opinion that the Demo-
cratic party will soon be in the lead of the Republicans in this direction.. I
think they will steal your thunder, sir, if you do not watch them.
[Laughter.]

I want it distinctly understood that my feeling toward the Leavenworth
delegation is this: I live at Topeka, and there is a different interest at
Auburn from that of Topeka; but I think I feel as much called upon to

62 Convention Proceedings and Debates.

represent the former as the latter, though my competitor, of course,
thought he could do better than I. — I feel as deeply responsible here for
the representation of Auburn as for that of my own locality, and I hope
that is the feeling of my friends on the right.

Mr. Graham. JMr. President, my friend (Mr. McDowell) with great
dignity repels the charge that they have stolen property in Leavenworth.
To repel the charge, he says Leavenworth polls 3000 votes, and the ratio
was 28S. My friend is mistaken. He must remember that this apportion-
ment was made in the month of January last, in Lawrence — before they
voted in Leavenworth. How could the Legislature estimate upon votes
that had not been cast? We found that Leavenworth had been polling
1900 votes, and we gave them a representation for that number. But
after the work passed out of our hands, by hook or crook, outside of the
Legislature, they got by law ten members. I do not think my friend
would have referred to that if he had considered it. How could we have
anticipated the increase of voters in such a city as Leavenworth? Or how
know the number of emigrants who come in there from Platte County to
vote ? — [Laughter.]

Mr. Wrigley. Mr. President, 1 have not participated in this debate, but
[*XLI] the desire I have that the Convention take just action in *this
matter induces me to offer a few remarks. The gentleman from Shawnee,
[Mr. Ritchie] says we are pressing this matter upon the Convention,
after the body had indicated its judgment time and again. It is true,
sir, we are pressing this question, and I trust the minority here never
will hesitate to press the right before the Convention at any time. We
believe ourselves right, and therefore press.

What is the history of this cjuestion? At the time of the prehminary
organization these gentlemen from Wyandotte presented certificates that
indicated their election. These certificates were rejected, and they were
refused all participation in the preliminary organization. A committee was
appointed to whom the case was referred. They appeared before that
committee with their documents, and called upon them to report in their
favor. There were two reports. The majority reported against their
rights to seats. Then it was asked for them the poor pri\-ilege of a prisoner
at the bar — the prixdlege of a hearing by attorney. The Convention
granted it. Subsequently, a motion to reconsider this grant was lost, and
that, Mv. President, closed the question — bound us to the order to admit
the right of hearing by attorney beyond all quibble. What was then done?
When the time came for their appearance here the subject was again re-
ferred with liberty for the contestants to appear by attorney, before the
Committee. But the contestants chd not desire to appear again before
a Committee which had once heard and considered their case and reported
against them. They desire to appear before the Convention, and they
are here this morning by attorney, with documents to prove beyond con-
troversy that they are entitled to seats here; and still, sir, you Avithhold
from them the privilege you have granted to them beyond recall. Why
tlo you do this?

One gentleman says it is a mere matter of pohcy! And it was said,
yesterday, that there was fraud in this matter of the disfranchisement of
Wyandotte, and an excuse was offered for the Legislature.

Sir, by what authority is it that this Convention denies to these parties
the privilege of a hcarinc? I demand the pri\ile2e which the Convention
has granted to them. It is a poor privilege. It would be extended to any
prisoner at the bar. No man, even though he were guilty of a dark
crime, could be denied a hearing. We demand then the right which the

Friday, July 8, 1859. 63

Convention has granted — and why is it refused? Oh, a mere matter of
policy. We wish to save time, we wish retrenchment and reform. The
gentleman from Shawnee alleges this,, and adds that the principal objection
to the present Democratic administration is its extravagance. Sir, I do
not know that the Republican party in this Territory' have ever dis-
tinguished themselves for retrenchment.

The President (interrupting). This debate is taking too great license.
The question is, on the admission of these gentlemen to honorary seats on
this floor.

Mr. Wrigley. I shall vote against the resolution, because I believe they
are either entitled to seats or not entitled. I believe, if they have been
elected by the people, that they should be admitted to full membership. I
beheve it is honestly due to them to invite them to a full share in our de-
liberations. I believe that every portion of the people of the Territory are
entitled to a repre.?entation here, whether. they are in the Convention Act
or not. Therefore, I shall vote against the resolution giving them these
empty honors. I say, give them seats with all the rights and privileges of
delegates, or give them nothing. More than this is simply adding insult
to injury. The Convention has the power. It is the right of these parties.
Why deny that right by such a frivolous objection as that it would con-
travene the law? This Convention is not bound by the law. I am in favor
of departing from the provisions of the Convention law in regard to the
time of holding the election for State officers.

[*XLII] The President. The Chair must insist that *the gentleman
confine himself to the question.

Mr. Wrigley. I wish to show that the Convention ought not to insult
these gentlemen by tendering them honorary seats.

The President. That has been decided. The question now before the
Convention involves no principle of law.

Mr. Wrigley. I have a right to explain the reason why I shall vote
against the resolution. And is it not a good reason, that you propose to
confer empty honors on men entitled to full membership?

The President. There is no question of law in it.

Mr. Kingman. Mr. President, I shall vote for the resolution. And I
wish to disclaim, in advance, that I do not vote for it as an insult. I am
very clear that there is nothing in the language of the resolution that is in
the slightest degree insulting, either to these gentlemen or the respectable
constituencies they represent.

I think, sir, this matter has occupied too much time. The majority
must be held responsible for delays. I think it is time we should go to
business. I demand the previous question.

There being a second —

Mr. Sloigh demanded the yeas and nays on the main question, viz:
the adoption of Mr. Griffith's resolution, which, being ordered and taken,
resulted — yeas 25 — nays 25, as follows :

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Griffith, Hanway, Houston. Ingalls, Kingman, LiUie, Lamb, Mid-
dleton, McCuUough, Preston, Porter, Ritchie, Signor, Stokes, Thacher,
Townsend, Williams, Mr. President — 25.

N.\YS — Messrs. Brown, Barton, Button, Foster, Forman, Graham, Greer,
Hippie, Hubbard, Hutchinson, Hoffman, May, Moore, McDowell, McCime,

64 Convention Proceedings and Debates.

McClelland, Palmer, Perry, Parks, Ross, Slough, Stinson, Stiarwalt, Simp-
son, J. Wright, Wrigley, t. S. Wright— 25.

The following explanations were admitted, under the rule, to the Sec-
retary's journal:

Mr. Parks. Mr. President, believing as I do, that the gentlemen claim-
ing seats in this Convention from Wyandotte county are entitled to full
membership upon this floor, and that the Convention has full power to
admit them to such membership, I cannot vote for these gentlemen having
mere nominal and personal privileges, and thus disfranchise the people of
a large and populous county of this Territory.

Mr. Blunt. I vote for the resolution, because I believe it is as far as
the privileges of this body can be extended to the claimants from Wyan-
dotte county wtihout a dangerous violation of the law creating the Con-
vention.

Mr. Graham and Mr. May. We desire to explain our vote by saying
that the courtesy having been once extended and refused, we are opposed to
extending it again.

Mr. Greer. I vote no, for the reason that I deem it out of order to
admit members through courtesy.

Mr. Hutchinson. I vote against admitting the gentlemen claiming
seats from Wyandotte, because I believe the members of the Convention
are bound strictly by the law, and cannot transcend it in this instance
more than any other.

Mr. Thacher. The county of Wyandotte is now essentially repre-
sented by the members from Leavenworth county, and an admission of
them to the privilege of voting would be an injustice to the people of
Kansas.

Mr. Ross. I vote against the resolution, becausfe I consider the gentle-
men claiming seats from Wyandotte county have no legal right to those
seats.

Messrs. Slough, Wrigley, Hubbard, Stiarwalt, Hipple, Forman, Mc-
Clelland, Wright, McDowell, Moore and Brown. We vote against
the resolution, because we are unwilling to compromise the rights of the
people of Wyandotte county.

Mr. Barton. I vote no, for the reason that I am not willing to offer au
[*XLIII] insult to the citi*zens of Wyandotte, by offering only a part of
the pri\ileges of this House to the legally elected representatives.

Mr. BuRRis. I vote yea, for the reason that I am desirous to extend
all the courtesy to those gentlemen consistent with the law and what 1
conceive to be right, being clearly of opinion that these claimants have no
right upon this floor as delegates. I am in favor of allowing them to sit
in Convention with the privilege of speaking, only as a matter of courtesy,
and not as a matter of right.

Mr. Blunt. Mr. President, I vote for the proposition above, for the
following reasons:

The law calling this Convention into existence calls for the election of
but fifty-two members, and that in the apportionment for these members
the population of what is now included in Wyandotte county was then
included in the apportionment for Leavenworth and Johnson counties,
therefore the ten delegates from Leavenworth and the two delegates from
Johnson county, by their votes, represented the county of Wyandotte in
this Convention.

Friday, July S, 1859. 135

liut iiias^mui'h as the said delegates from Leavenworth and Johnson,
representing Wyandotte by their votes, are not actual residents of Wyan-
ilotte, and inasmuch as it appears that the people of Wyandotte would
be more faithfully and fully represented by Messrs. Welborn and Bennett,
of their own midst, I therefore vote for the above proposition, that the
l)eople of Wyandotte county may be heard by their own chosen delegates
on the floor of this Convention in that way and manner that will do no
injustice to other counties of this Territory, and that will not infringe
upon the organic law calling this Convention into being.

So Mr. Griffith's resolution was rejected.

PROTEST.

Mr. Slough submitted the following protest, and asked that it be
entered on the journal of the Convention:

The undersigned members of the Constitutional Convention, hereby
enter our earnest and formal protest against the action of this Convention
in excluding the delegates claiming .seats from Wyandotte county, it being
undisputed that these gentlemen were elected by a large majority of the
people of Wyandotte county, at an election conducted in the same manner,
and in conformity with the provisions of the law calling this Convention,
which said election was participated in by five hundred and forty-five legal
voters under the laws of this Territory, and that the omission of Wyan-
dotte county in the apportionment for this Convention, was and is a gross
fraud upon the people of said county, and works under the action of this
Convention, the disfranchisement of a large and populous county, and we
ask that this protest be entered upon the journal.

Hall Const'n'l Convention, June 8, 1S59.

B. Wrigley', C. B. McClelland,

J. M. Stiarwalt, J. P. Slough,

J. W. FoRMAN, P. S. Parks,

8. A. Stixson, F.Brown,

E. M. Hubbard, Sam. Hipple,

R. C. Foster. A. D. McCune,

J. Wright, J. T. Barton,

E. Moore, W. C. McDowkll,
William Perry.

Mr. Houston moved to lay the protest on the ta1)le.

Mr. Slough demanded the yeas and nays, which werc^ onlered and
taken, resulting — yeas 15, nays 32 — as follows:

Yeas — Messrs. J. Blood, N. C Blood, Graham, Greer, Hutchinson, Han-
way, Hoffman, Houston, Ingalls, Lamb, Middleton, McCullough, Palmer,
Ritchie, Stokes — 15.

Nay'S — Messrs. Arthur, Blunt, Brown, Barton, liurn?;, Crocker, Dut-
ton, Foster, Forman, Griffith, Hippie, Hubbard, Kingman, Lillie, May,
Moore, McDowell, McCune, McClelland, Preston, Perry. Parks, Ross.
[*XLIV] Sig*nor, Slough, Stinson, Stiarwalt, Simpson, Thacher, Town-
send, J. Wright, Wrigley, T. S. Wright, Williams— 32.

So the protest was not laid on the table.

Mr. Blunt moved that the protest be received and siiroad upon the
journal, and the vote being demanded and taken on this question, stood —
yeas 39, nays 12 — as follows:

Yeas — Messrs. Arthur, Burnett. Blunt, Brown, Barton, Burris. Button.

66 CoxvENTiox Pkoceedings and Debates.

Foster. Forman. Graham, Greer, Griffith, Hippie, Hubbard. Hanway,
Kingman, Lilhe, Lamb, Aliddleton, May, Moore, IMcDowell, McCune, Mc-
Clelland, McCuUough, Preston, Parks, Porter, Ross, Signer, Slough, Stin-
son, Stiarwalt, Simpson, Thacher, To\^^lsend, J. Wright, Wrigley, Wil-
liams— 39.

Nats — Messrs. J. Blood, N. C. Blood, Crocker, Hutchinson, Hoffman,
Houston, Ingalls, Palmer, Perry, Ritchie, Stokes, T. S. Wright — 12.

So the protest was accordingly ordered to be spread on the journal of
the Convention.

BASIS OF APPORTIOXMENT.

Mr. McClelland. Mr. President, I move that the vote taken yester-
day on the motion to send messengers to the country to get the census re-
turns, in order that this Convention may be the better enabled to make a
just apportionment, be reconsidered.

Mr. Slough. Mr. President, after consulting with a number of mem-
bers from remote counties, I am satisfied that imless we send messengers
we shall not get the returns in time. The expense will be slight. The mes-
sengers can go and return in ten days. It may be, in consequence of not
ha\ing these returns, the Convention will ho delayed, and the expense
would then be very much greater than that of the messengers.

Mr. Thacher. I think it um\-ise to send messengers. It would be ex-
pensive. Then there are many towns where the messenger would not find
any returns. My friend from Pottawatomie informs me that no census has
been taken there. They did not know the law. The laws are locked up
safe in Lawrence, and when they will get to the people it will take a wiser
man than I am to tell. 1 have written to our coimty clerk to send me the
census, and we shall get them easiest in this way. 1 hope the order of
yesterday will be allowed to slumber.

]Mr. BuRRis. I think everything will be gamed by writing to the clerks.
I have written, and I think I shall get the information just as quick, and
it will be as accurate, as from any other source. He is the clerk of the
board. This will save a great expense, and wherever the census has been
taken we can certainly get it in this way.

Mr. Bluxt. The case in Johnson and the case in Leavenworth county
are very different. There is a difficulty in securing the returns from the
southern counties. They have not the mail facilities that can reach us in
less than four or five weeks. We think we have been disfranchised long
enough in Southern Kansas. And the expense would be small. The mes-
sengers need not consume more than five or six days. It could not cost as
much as the Convention waiting that length of time for the mails. We
cannot do justice in the apportionment unless we have these returns. I
think the importance of the case amply justifies the expense.

Mr. Houston. Mr. President, if wc send out nmners, I think it will
result in compelling the Convention to place the matter of apportionment
in the hands of the Governor, President of the Council and Speaker of the
House of Representatives, or some such i^lan. The runners will not get in
in time. In several counties, as Marshall, Riley, Clay, Douglas, &c., there
has been no census taken, and if we should send a thousand runners there
we would be none the better off. It seems to me the better plan to write
[*XLV] to the clerks, and *place this information before the committee
on Apportionment at once.

Mr. Ross. I think it is too late to obtain any desirable result in this
wav. The only safe reliance must be upon information derived from

FiiiDAV, JiLY S, 1859. 67

members on this floor. That can be had spectUly, and it will be satis-
factory. I hope the Convention will not reconsider the order.

Mr. Crocker. I hope this motion will not prevail. It will take two or
three weeks to get information that will do us any good. If I understand
it, the law requires the census returns to be made about these days, and
could we not get it quicker by sending to the office of the Secretary of the
Territory? I suppose I shall have the returns of my county in a day or
two. About this trip to Southern Kansas in four or five days — it will take
at least a week and a half or two weeks.

Mr. Griffith. According to the law,' the returns will be in the hands
of the counties till the 4th of this month. It is probable that they then
will be mailed to the Secretary's office. Making allowance for delaj's, it is
not probable that they will be at the Secretary's office before the first of
August. We want to adjourn before that time. It might require twenty
days to get the answer of a letter to Bourbon county. It is absolutely
necessary that we should have these returns, and we cannot be sure of
getting them without going to the clerks or the supervisors. To be certain,
I am in favor of sending messengers. They can come and go in ten days,
and the thing can be done by five men.

The motion to reconsider was rejected.

ADJOURNMENT.

On motion of Mr. Kingm.\n, it was —

Ordered, That when the Convention adjourns to-day it shall be till
Monday morning at 9 o'clock.

PRESIDENT PRO TEM.

The President. The Chair would suggest the propriety of the election
of a President pro tempore, so as to avoid a vacancy in the chair.

On motion of Mr. Hovston, it was —

Ordered, That the Convention do now proceed to the election of a
President pro tern.

The election proceeded, and the first ballot, viva voce, resulted as fol-
lows:

Mr. Thacher received 33 votes, Mr. Barton received 15 votes, Mr.
Slough received 1 vote; absent, 3.

Mr. Thacher having received a majority of the votes, was declared
elected.

LIEN L.\W.

Mr. Brown oftered the following, which, on the motion of ;Mr. Thacher,
was referred to the committee on the judiciary:

Resolved, That it shall be referred to the committee on legislation to con-
sider and report as to the propriety and expediency of directing that the
Legislature shall be prohibited from passing any hen law that shall be
partial in its operation, but that it shall be provided in any lien law here-
after passed, that all classes of laborers shall have equal privileges to a
lien upon any property upon which their labor shall have been bestowed.

LIST OF MEMBERS.

Mr. Brow^n submitted the following, which, on the motion of Mr. King-
man, was referred to the committee on Printing:

Resolved, That the Secretary of this Convention, at as early a day as
l)0ssible, and upon the completion of the list of names, residence, county.

68 Convention Proceedings and Debates.

&c., &c., of the members of this Convention, cause three hmidred copies
of the same to be printed, and that the Sergeant -a t-Arms be directed to
inrnish each member with five copies of the same.

The Convention then adjourned till Monday morning at 9 o'clock.

PXLVI] -LIST OF COMMITTEES.

preamble and bill of rights.

Hutchinson, Lillie, Hamvay, Perry, John Wright.

executive department.

Greer, Porter, Button, McDowell, Hubbard.

legislative department.

Thaeher, Arthur. X. C. Blood, McClelland, Brown.

militia.

Blunt, ]\Iay, T. S. Wright, Hubbard, J. Wright.

judicial department.

Kingman, Thaeher, Burris, Greer, Blunt, Lillie, Perry, Slough, Stinson,
Parks, Wrigley.

electors and elections.

Townsend, Porter, ]\Iay, Palmer, Arthur, Slough, Wrigley.

schedule.

Burris, Mitldleton, Kitchie, Hanway, Williams, Ingalls, McCuUough,
McDowell, Hippie.

apportionment.

Preston, McCuUough, Graham, Palmer, Thaeher, Arthur, Moore,
Crocker, Ritchie, Hoffman, Ross, McDowell, Stiarwalt.

corporations and banking.

Graham, Bvuris, J. Blood, Lamb, Middleton, Stokes, Blunt, Crocker,
Burnett, Griffith, Slough, Barton, Perry.

education and public institutions.

Griffith, Middleton, Stokes, Houston, May, McClelland, Hippie.

COUNTY AND TOW. \ SHIP ORGANIZATION.

liitchic, T. S. Wright. Preston, McCuUough, Moore, Simpson, J3rown.

ORDINANCE AND PUBLIC DEBT.

J. JMood, Diittou, Kingman, Hanway, Hoffman, Burnett, Hutchinson,
Lamb, Preston, N. C. Blood, Graham, Stinson, McCune.

FINANCE AND T.\X.\TI0N.

Simpson, X. C. lilood, Crocker, Hutchinson, Palmer, Signor, Lamb,
Hoffman, Porter, Stinson, Foster.

Monday. .Iily 11. 1859. 69

amendmexts axd miscellaneous.
HdiLston. Ro.=:s, Ingalls, Signer, Williams, Burnett, Forman.

FEDEHAL RELATIONS.

T. S. Wright, Houston, Stinson, Palmer, Forman.

PHRASEOLOGY AND ARRANGEMENT.

Ingalls, Ro.s.«, Kingman, Stokes, Button, Porter, Town.send, Griffith,
Lillie, Stiarwalt, Barton, Perry, Foster, McCune. Parks.

[*1] *MoNDAY. Jvily 11, 1859.1

The Convention met at 9 o'clock, a. m.

Prayer by the Chaplain.

The journal of Friday was read by the Secretary, corrected and ap-
proved.

CLERICAL appointments — FRIDAY.

The Secretary" reported his appointment of the following clerical as-
sistants:

Ed. S. Nash, Journal Clerk.

P. .T. Hinton and Robert St. Clair Graham, Enrollins Clerks.

CORRECTION OF THE REPORTS.

yh\ CiRAHAii. Air. President, I rise to a ciuestion of privilege. In
the official report as published in The Gazette of Saturday, in the pro-
ceedings of Thursday last, I am incorrectly reported. I send the error
to the Secretary to be read:

"Doniphan had not enough to entitle her to five representatives, and
two were stricken off and given to Wj-andotte, &c. This was by way of
amendment to the council bill. The council assented to the House amend-
ments, except that they reduced the Wyandotte delegation to two, added
one delegate to Doniphan, and struck out 'Atchison' and inserted 'Wyan-
dotte' as the place of holding the Convention."

Mr. President, this is incorrectly reported. What I said, was this:
The committee took from the county of Leavenworth three delegates and
placed them to the new county of Wyandotte. After going to the council
by an agreement made between Wyandotte and Doniphan, it was ar-
ranged and the bill was amended so that one of the Wyandotte delegates
should go to the county of Doniphan.

The President. Can any gentleman give information as to whether
the mi.«take originated wdth the printer, or whether it is inherent in the
report ?

Mr. Ross. I consulted the printer in regard to this error this morning,
and he assured me that the fault was not his, because he had not examined
the proof-sheet of the report — that the Reporter took the responsibility
of the reading.

The President. The Chair will state that he has noticed several dis-
crepancies in the report — cases where the report is palpably different from
the spoken language; but he has been informed, that the reporter has not
yet secured the force he intends to have, and that the reports will not be
so hable to errors, on this account for the future. Certainly the benefit to

' Note. — At this point in the original etUtion tlie page numbers were changed from
Roman to Arabic numerals.

70 Convention Pkoceedings and Debates.

be derived from reporting must be in the correctness of the reports; and
the Chair trusts that the committee will look to it that the reports come
before the country as correct as may be. The Chair has also noticed that
in the same speech of the gentleman from Atchison the word "Laughter"
is interpolated. In the judgment of the Chair such a latitude of the pen
seems to be improper in this place. In the newspaper reports such notices
of the sensations of the audience are not out of place; but in the judgment
of the Chair it is hardly admissible where the substance and spirit of the
remarks of members are proposed to be given for a dehberative body.

Mr. Ross. It has been suggested to me that it would be well for the
reports to be corrected by the speakers themselves. The paper is not
published till the afternoon, and there would be time to hand in the cor-
rection to the printer.

The President. The matter can be properly reached in two ways:
under the head of resolutions, or through a report from the standing com-
mittee on printing.

Mr. Blunt. I noticed several omissions and additions in the report
of my remarks on Thursday. In some cases the error of a single word
changes and spoils the sense. I will call attention to one case where the
change of a word has destroyed the whole sentence. In one of the last
paragraphs of the remarks I made that day, it is reported:

"Mr. President, let us lay aside every partisan feeling and local preju-
dice, and in the spirit of ingeivuousness let us give to the people a Con-
[*2] stitution that shall be acceptable to *them and honorable to our
glorious constellation of States."

The word made use of was iiberality." — The error in this word destroys
the whole paragraph.

MK. PEKHY SWORN.

Mr. Pai{ks. Mr. President, I see my colleague (Mr. Perry of Leaven-
worth) is in the Hall, and I suggest that the Chair administer to him the
oath of office.

Mr. Perry then came forward, received the oath of a member of the
Convention at the hands of the President and took his seat.

NEBRASKA DELEGATES.

Mr. Tow^NSEND. Mr. President, I send up the credentials of the dele-
gation to this body from the Territory of Nebraska, and ask their reference
to the committee on credentials.

They were referred accordingly.

Mr. Houston offered the following, which on the motion of Mr. Blunt,
was referred to the committee on credentials:

Resolved, That the delegation elected by the people of Southern Ne-
braska to represent their wishes in reference to the (luestioii of State
boundary be invited to honorary seats on this floor, with the privilege of
presenting the wishes of their constituents, and speaking on the questions
of State boundary.

HOURS OF SESSION.

Dr. Blunt offered the following:

Resolved, That until otherwise ordered this Convention shall hold its
sessions as follows: from 8 o'clock a. m. to 12 m. and from 3 o'clock p. m.
to 6 p. M.

Monday. Jvi.y 11, ISoO. 71

SCHOOL, UNIVERSITY AND ROAD LANDS.

Mr. Graham submitted the following:

Resolved, That the committee on ordinance be instructed to embody
the following proposition to Congress in the Ordinance to this Constitution :

1st. That sections number sixteen and thirty-six in every township of
public lands in said State, and where either of said sections, or any part
thereof, has been sold or otherwise disposed of, other lands, equivalent
thereto and contiguous as may be, shall be granted to the said State for the
use of Schools.

2d. That seventy-two sections of land shall be set apart for the use
and support of a State University, to be selected by the Governor of said
State, subject to the apjiroval of the Commissioner of the General Land
Office, and to be appropriated and applied in such manner as the Legis-
lature of said State may provide, for the purpose aforesaid, but for no
other purpose.

3d. That two sections of land, to be selected by the Governor of said
State, in legal subcUvisions, shall be granted to said State for the purpose
of completing the public buildings, or for the erection of others at the seat
of government, under the direction of the Governor thereof.

4th. That all the salt springs within the said State, not exceeding
twelve in number, with six sections of land adjoining or contiguous as
may be to each, shall be granted to said State for its use, the same to be
selected by the Governor thereof, within one year after the admission of
said State, and when so selected, to be used and disposed of on terms,
conditions and regulations as the Legislature may direct: Provided, That
no salt spring or land, the right whereof is now vested in any individual
or individuals, or which may hereafter be confirmed or adjudged to anv
incU\adual or indi\'iduals, shall by this article be granted to said State.

5th. That five percentum of the proceeds of the sales of all pubHc
lands lying within the State, which shall be sold bv Congress after the
admission of said State into the Union, after deducting all the expenses
incident to the same, shall be paid to said State for the purpose of making
public roads and internal improvements, as the Legislature shall direct:
Provided, That the foregoing propositions shall never interfere with the
primary disposal of the lands of the United States, or with any regula-
[*3] tions Congress may find neces^sary for securing title in said soil
to bona fide purchasers thereof, and that no tax shall be imposed on lands
belonging to the United States, and that in no case shall non-resident pro-
prietors be taxed higher than residents.

6th. And the said State shall never tax the lands or property of the
United States.

iMr. Graham. I offer to the Convention this i)roposition in the very
terms in which I find it in what is termed the English Bill. It is the same
proposition which was made to us by the Democratic party, in the event
of the adoption of the Lecompton Constitution. I suppose they cannot
well back down from that which was offered as a bribe to receive a slavery
Constitution.

Mr. Griffith. ]\Ir. President, inasmuch as we have placed this matter
in the hands of one of the standing committees, I move that the resolution
be referred to the committee on ordinance.

]Mr. Griffith offered an amendment that the words ''Sui)erinten<'u-nt of
Schools" be inserted after "Governor" in second resolution.

Mr. Greer offered the following, by way of substitute:

72 CoxvEXTiox Proceedings and Debates.

Resolved, That the committee on ordinauce be instructed to inquire
into the expediency of asking Congress to grant to the State of Kansas
all the pubUc lands within her limits at the time of admission into the
Union.

Mr. Greer. I desire to cover more ground than the gentleman from
Atchison.

Mr. Parks. Mr. President, I think we are forestalling the committee
on ordinance. I move, therefore, to lay the whole subject on the table.

Mr. Graha:m demanded the yeas and nays, and the same being ordered
and taken, resulted — yeas 12, nays 22 — as follows:

Ye.\s — Messrs. Barton, Foster, Forman, Hubbard, Moore, McDowell,
^IcCune, McClelland, Perry, Parks, Stiarwalt, Wrigley— 12.

Xays— IMessrs. Arthur, Burnett, Blunt, Burris, N. C. Blood, Crocker,
Dutton, Graham, Greer, Griffith, Hutchinson, Hanway, Hoffman, Houston,
Kingman, Lillie, Lamb, Middleton, May, McCullough, Preston, Palmer,
Porter. Ritchie, Ross, Signer, Stokes. Simpson. Thacher, Townsend, T. S.
Wright, Williams, Mr. President— 32.

So the CouAention refused to lay the subject on the table.

Air. Bix'NT. If in order, I move that the original resolution, the amend-
ment of the gentleman from Bourbon, and the substitute of the gentleman
from Shawnee be referred to the committee on ordinance.

Mr. HousTox submitted the following:

Resolved, That the committee on orchnance be instructed to inquire
into the expediency of asking a reasonable grant of land from Congress
for the puri)ose of removing some of the obstacles which now exist in the
way of steamboat navigation on the Kansas river, as far west as Fort Riley.

(3n motion In* Mr. Thacher, the whole subject was referred to the com-
mittee on ordinance.

w^oman's rights.

Mr. Hutchinson (by unanimous consent) presented the petition of
two hundred and fifty-two inhabitants of Douglas and Shawnee counties,
on the subject of the elective franchise and the rights of females in con-
nection therewith, and asked that it l^e referred to the committee on elec-
tive franchise and the judiciary.

Mr. McDowell j^roposed to amend by changing the reference to the
committee on the militia.

The amendment was rejected, and the petition referred to the two com-
mittees first named.

Mr. Hutchinson submitted the following:

Resolved, That the Convention hold a special session on Wednesday
evening next at 7 o'clock, for the purpose of considering in committee of
the whole the several petitions from various counties on the subject of
[*4] elective franchise, and that Mrs. C. J. H. Nich*ols be invited to
present her views on the question at said session.

Mr. KiNCiMAN. Mr. President, the various and conflicting propositions
necessary for us to reconcile in organic law, will necessarily occupy all the
time we have to spare. We have already adopted a plan of hearing parties
outside through our regularly constituted and organized committees. It
seems to me, that important as this subject may be, the proper place to
hear it is before the standing committees, where all who choose to do so
may be present. I move to la}' the resolution on the table.

MoxDAY. Jri.Y 11. 1850. 7o

The motion wa.s withdrawn for —

Mr. HuTCHixsox. I haA^e simply a word to say. I think, in behalf of
rlie Ladies' Association existing in Southern Kansas, who have especially
delegated Mrs. Nichols to appear here in this behalf, that it is very
appropriate and fitting that this subject should be brought before the
Convention in committee of the whole. Besides, Mrs. Nichols is one of the
petitioners, and I hope no petitioner will be debarred the right to express
her views.

Mr. Griffith. I wish to remark, that it is not proposed to occupy
any of the working hours of the Convention. The proposition is for 1
o'clock. The Convention should hear the arguments to be proposed by
The lady. I have no objection to hear them. I am rather anxious to hear
them. I should be sorry to see the motion prevail to lay on the table.

Mr. KiTCHiE. Since we have just decided that a foreign delegation
should have the privilege of appearing here and presenting their claims
upon this body, I should be sorry, in the same hour, to see those who are
most closely identified with all that is pure and good and restraining
denied the pri\dlege of appearing and presenting their views upon the great
principles of government before the Convention. The right of petition,
I hope, will ever be held sacred. In this age of intelligence — in the noon
of the nineteenth centurj^, I hope we will not take the position that
we will not hear a woman in her own cause. Every man has received
liis first and best impressions from his mother; therefore, when the mothers
speak don't let us become so full of Democracy and Republicanism as to
stop our ears.

Mr. Blunt. Inasmuch as this subject has been referred to the com-
mittee on judiciary and elective franchise, and these committees are ex-
pected to report upon it, I think it is proper that the argument should be
presented before these committees. And there will be opportunity afforded,
no doubt, for all who desire — both members and outsiders — to hear what-
ever argument may be presented, for the committees will sit in this haU.

Mr. BuHRis. Mr. President, I would like to amend by referring the
resolution to the committee on the judiciary and the elective franchise.

Mr. Houston . I hope this matter will not be placed wholly before the
committees. I hope at least that the Convention will be more courteous
towards half the people of Kansas. This resolution involves the question
whether the ladies of Kansas shall be heard by this body through one of
their number. Mr. President, I should like to hear this lady present her
views. It seems to me that the ladies of Kansas may very properly demand
this right of being heard here, and that it ought to be granted. It seems
to me that they have a peculiar claim upon us, now in the commencement
of the organization of a State government, to hear their arguments. If
they have no arguments, or if their arguments are of no value; if
they do not sustain their conclusions — still they have a right to present
them for our consideration. It seems to me that this giving it to the com-
mittees would be to suppress the matter. I do not suppose that any of us
feel that we are Solomon's son, or that we are already as wise as we ever
can be. I confess that I am a little hunkerish on this matter in reference
[*5] to the rights of women. But still I would like to hear these ar*gu-
ments. And the time is coming when it will be impossible for any power
in this land to curtail one single human right. If the Republican party,
which has come into power for the moment, shall ignore these rights, it will
devolve upon some other party to develop them. But, sir, whilst we are

74 CoxvENTioN Proceedings and Debates.

in power, I would say to gentlemen, let no man hesitate to do right — let us
have the advantage of the whole field as it spreads itself before our vision.
Gentlemen maj^ laugh, but it is one thing to laugh and another thing to
have a solid pillar of stone to stand upon.

Mr. BuRRis. It seems to me it would be entirely proper to refer the
resolution to the committee in charge of the petition. Otherwise it would
seem like referring a matter to a committee, and then, by a subsequent act,
taking it out of their hands. I would prefer to let both go to the com-
mittee; let the lady be heard before the committees, and let such a report
be made as the case may seem to demand. One gentlernan remarked that
the hearing would not be during the working hours of the Convention. If
not, then all could attend, and I presume every gentleman would be
pleased to attend and hear the argument. But as to hearing the argument
in form before the body, by a person not a member of the Convention, I
think we had better first hear the report of the committee, and then take
such action as we may think proper.

Mr. Blunt proposed the following, by way of resolution:

Resolved, That the committee on judiciary and elective franchise be
instructed to convene in this hall on Wednesday evening, at 7i/^ o'clock,
p. M., to consider the matter of the memorial of the citizens of Douglas and
Shawnee counties on the subject of woman's rights, and that Mrs. Nichols
be invited to address the Convention on the subject of the memorial. .

Mr. McClelland. I move that the whole subject be laid on the table,
and demand the yeas and nays on the motion.

The PREsmENT stated that there was no rule regulating a demand for
the yeas and nays, and in the absence of rule he would take the sense
of the majority, by way of sustaining the demand.

The Convention, by a majority, refused to sustain the demand.

Mr. Hutchinson. It is a common rule that one-fifth or one-tenth of a
quorum shall be sufficient to second a call for the yeas and nays.

The President. The gentleman is right; but, in the absence of any
rule, the Chair cannot take anything but the will of the majority.

Mr. Slough. We have established a precedent here, that any gentle-
man may call the yeas and nays without a second. It seems to me that,
in the absence of any rule, we might be governed by precedent.

The President. The Chair has, hitherto, ordered the yeas and nays on
the call of a member, but does not understand that any precedent has been
established in the case.

Mr. Hutchinson moved an order for the amendment of the rules, so
that one-fourth may second a demand for the yeas and nays.

Mr. Thaciier proposed to amend by substituting an order referring
this matter of amendment of the rules to the committee on rules, with
instructions to report to-morrow morning.

The substitute was agreed to, and the matter referred accordingly.

Mr. McClelland's motion to lay the subject of hearing Mrs. Nichols on
the table, was rejected — affirmative 16, negative 25— and the question re-
curred on the adoption of Mr. Blunt's substitute.

Mr. Thacher. I consider the resolutions offered by the gentleman from
Anderson (Mr. Blunt) to be right and fair. It proposes nothing more than
an informal meeting of the body to listen to the discussion of a subject
that has awakened considerable interest in the country. It is, at least, a
[■■•6] question haA'ing two sides. Therefore, I think it eminently *proper

Monday, July 11, 1859. 7o

for the Convention to hold this informal meeting. 1 hope, also, that we
will extend this becoming courtesy to the ladies.

Mr. Bluxt. The resolution is only to instruct the two committees to
meet here and hear Mrs. Nichols.

The Phesident. Both committees meeting on the same evening might
make confusion, as the chairman of each committee might consider him-
self entitled to preside.

Mr. Kingman. There will be no collision between the chairmen of the
two committees. The subject is more properly in the hands of the com-
mittee on the elective franchise than in the hands of the committee on the
judiciary. But if it is not, I am sure it will not be disagreeable to the latter
conamittee if I should waive my right to preside. I want to make an answer
to the insinuation that I am not in favor of the right of petition. I am in
favor of that right. I want these petitioners to be heard. I say nothing
about the subject of the petition. All subjects of petition are assumed to
be right in their object and intention. We have regularly constituted or-
gans— our standing committees — for ascertaining, considering and reporting
on these objects. I pass no opinion on the petition in question, but I can-
not consent to depart from the estabhshed rules of the body for the asser-
tion of any principle or the requirement of any right.

Mr. Greer. I concur with the gentleman from Brown (Mr. Kingman).
1 am perfectly willing to come here and hear the argument of any citizen
of Kansas in favor of any proposition — but not in committee of the whole
nor in the Convention. I am willing to grant the use of the hall, when it
wOl not interfere with the Convention, for the purpose of hearing this sub-
ject or any other that may be addressed to the Convention in respectful
language. But, as suggested by the gentleman from Brown, I doubt the
]iropriety, as well as the policy, of allowing persons, who petition this body
to come in and be heard. I think the Convention fully competent to dis-
pose of all questions that legitimately come before it. And whilst I would
not reject the petition of any portion of the citizens of Kansas, I must
adhere to the usual mode of disposing of them, which is by the Convention
hself.

Mr. Hutchinson. The gentleman from Brown thinks we would Ix-
establishing a bad precedent to allow petitioners to be heard here in their
own behalf. I am of opinion that if half of the people of this Territory
should, by express resolution, delegate authority to an individual to appear
for them before this body, it would be the wisdom of the Convention — the
duty of every member — to admit that party to be heard in open Conven-
tion. I consider this to be the case at this time. At a Convention of
laches in Southern Kansas, Mrs. Nichols was elected to appear here and
advocate their rights in connection with the various subjects embraced in
their petition. Sir, I am willing to stand open and above-ground on this
question. I am sorry that a question agitating the ])ublic mind so uni-
versally as woman's rights — calling together inteUigent audiences in every
State in the Union— should have become, in our estimation, of so slight im-
portance as to be thought unbecoming the dignity of the body to be heard
in open Convention! I think no evil consequences can result from giving
our attention to a question so interesting to half the people of the Territory.
The day is coming when open and fair discussion of all questions pertain-
ing to the constitutional rights of women as well as men, must be heard
before all such bodies as this.

Mr. McClelland proposed an amendment to the substitute, and the

76 Convention Proceedings and Debates.

amendment and substitute as amended, and the resolution as substituted,
were severally adopted without a division.

FIFTEEN MINUTES RULE.

Mr. Griffith submitted the following:

Resolved, That all speeches made in this Convention be limited to fifteen
minutes.

[*7] *The President. The proper form should be an amendment to
the standing rules limiting speeches to half an hour.

Mr. Griffith. I acquiesce in that. I think this body is capable of
appreciating points, and that if gentlemen will present their points of
argument they will be understood as well as by elaboration. By an esti-
mate, it is ascertained that every thousand words spoken here will cost
the Government of the United States or the people of Kansas over ten
dollars. That being the fact, and our time being precious, we should be
willing to be limited to the shortest time in which we can present our
views. Let us make points, not spread eagle speeches.

Mr. McDowell. I hope the resolution will not prevail. I think every
member appreciates his position, and that none proposes to occupy time
unnecessarily. There will be, no doubt, before the Convention, matter
requiring considerable discussion, upon which it will be, perhaps, impos-
sible to compress an argument in the time proposed. I think half an
hour is little time enough for the limit. — We have had yet very few
speeches, and they have been short. I am satisfied that there wall be very
little waste of time in speech-making in this body.

Mr. Blunt. No man can be more anxious to facilitate business than
myself, yet I am opposed to this resolution. I agree with the gentleman
from Leavenworth, that questions will come before tliis Convention for
discussion, ui)on which it will be impossible for a gentleman to present an
argument in less time than half an hour, and I think the rule hmiting
speech to 80 minutes is little time enough. I shall, therefore, vote against
the resolution to amend the rule.

Mr. Thacher. I think that 15 minutes is long enough — plenty. I
do not know of any subject upon wliich I cannot express my views in 15
minutes.

Mr. Hutchinson proposed to amend the proposition by excepting the
lemarks of chairmen of Committees, but there was no second.

Mr. Wrigley moved, reference of the matter to the Committee on
Rules, which was lost — affirmative. 15; negative, 20; and the question
recurred on Mr. Griffith's presentation.

Mr. Griffith. If an important question should come up requiring
lengthy speeches, we can go into Committee of the Whole and hear dis-
cussion till we are tired.

Mr. lliTCHiE offered the following:

Resolved, That the Constitution of the State of Kansas, shall confer
power on the Legislature, to prohil)it the introduction, manufacture, or
•sale of spirituous liquors within the State.

On motion of Mr. Blunt, it was referred to the Committee on the
Legislative Department.

Mr. Foster submitted the following, which was adoi)ted:

Resolved, That the Committee on Miscellaneous Business be instructed
TO incjuire into and report as to the propriety of inserting in the con-

Monday, July 11, 1859. 77

stitution a clause, exempting from forced sale for debts created after the
adoption of this constitution, to every head of a family a homestead, the
value of which shall not exceed a certain and stated amount.

Mr. McCuNB submitted the following:

Resolved, That the Committee on Executive Department be instructed
to report an article giving the Governor power to convene the Legisla-
ture on extraordinary occasions.

Resolved, That the Committee on Legislative Department be instructed
to report an article making members of the General Assembly elective
biennially, and providing for biennial sessions of the Legislature; also,
limiting the duration of the sessions of the Legislature to three montlis.

Mr. Blunt moved their reference to the appropriate committees.
Mr. Slough proposed to amend, so that they be referred without in-
structions.

These motions were agreed to.

Mr. Hutchinson submitted the following, which was adopted:

Resolved. That the several standing committees, excepting the com-
mittees ou Apportionment, Phraseology and Arrangement, be required to
report on or before next Friday, the 14th inst.

[*8] *Mr. McCuNE submitted the following:

Resolved, That the Committee on the Legislative Department be in-
structed to inquire into the expediency of providing in the Constitution
Schedule some clause excluding all free negroes from a residence in the
State of Kansas, from and after the first day of Januarj'', 1859.

INIr. Graham moved to lay it on the table.

Mr. Wrigley demanded the yeas and nays, but there was no second.

Mr. Slough submitted the following:

Resolved, That hereafter the business hours of the Convention shall be
from 9 to 12 in the forenoon, and from 3 to 6 in the afternoon, and that all
resolutions and orders heretofore passed in conflict herewith, be and the
same are hereby rescinded.

Mr. Arthur proposed to strike out "nine" and insert "eight."

Mr. Ritchie i)roposed to strike out "six" and insert "five."

Mr. Thacher. I heartily coincide with this. This Convention costs
the people $200 a day, and I am glad to see a disposition to expedite
business as fast as possible. Two committees have completed their labors
before Friday. I hope the resolution will be adopted.

Mr. Blunt. I understand that most all the committees have their
reports in the hands of the printer, and the httle business yet unfinished
in their hands can be attended to during the mornings and evenings before
and after the meeting of the Convention. In order that we may proceed
as fast as possible with the business already prepared, I hope the resolu-
tion of the gentleman from Leavenworth will be adopted.

Mr. Ritchie's and Mr. Arthur's amendments were rejected, and then
the original resolution was adopted.

Mr. FoRMAN submitted the following, which was adopted:

Resolved, That there be added to the standing committees of this Con-
vention a committee of five members, to be styled the 'Committee on
Accounts,' whose duty it shall be to examine all accounts of members and
officers of t.his Con^•ention, or others having accounts with the same;

7S CoxvEXTiox Proceedings and Debates.

and shall at the end of the session or at other times as it may deem
proper, report to the Convention the respective accounts justly due.

Mr. Hoffman submitted the following, which was referred to the Com-
mittee on Preamble and Bill of Rights:

Resolved, That Religious Tests shall never be required as a qualifica-
tion for any office of trust under the State, and no person shall be rendered
incompetent to give evidence in any court of law or equity in consequence
of his opinions on the subject of religion.

Mr. Graham as chairman of the Committee on Corporations and Banks,
offered a report.

Mr. Slough moved the rejection of the report by the President as out
of order, as not having been printed in accordance with the standing rule —
it was so ruled.

Mr. LiLLiE. Mr. President, I move that the vote on Friday last re-
jecting the resolution by which the Wyandotte delegation were proposed
to be admitted to honorary seats in this body, be now reconsidered.

The motion was agreed to, and the question recurring again on the
adoption of the resolution, and the yeas and nays being demanded and
seconded, the vote stood — ayes 28, nays 20 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Button, Graham, Griffith, Hanway, Hoffman, Houston, Kingman,
Lillie, Lamb, Middleton, May, McCuUough, Preston, Porter, Signor, Stokes,
Thacher, Townsend, Wright, Williams, Mr. President — 28.

Nays — Messrs. Barton, Foster, Forman, Greer, Hippie, Hubbard, Hutch-
inson, Moore, McDowell, McCune, McClelland, Palmer, Perry, Parks,
Ritchie, Slough, Stinson, Stiarwalt, Simpson, Wrigley — 20.

So the resolution was adopted.

Mr. Lillie. When this subject was considered before I voted in the
negative. I did so under the impression that this courtesy had been ex-
tended to the Wyandotte delegation on a former occasion, but finding
myself laboring under a wrong impression, I have taken opportunity to
set myself right.

On motion by Mr. Graham, the Convention then took a recess till
3 o'clock, p. M.

[*9] -THE CONSTITUTIONAL CONVENTION.

PROCEEDINGS AND DEBATES of the Kansas Constitutional Conven-
tion, convened at Wyandotte, July 5th, 1S59, under the act of the
Territorial Legislature, entitled "An Act providing for the formation
of a Constitution and State Government for the State of Kansas.''
Approved Feb. 11, ISoO.

Monday, July 11.

AFTERNOON SESSION.

On motion by Mr. ^IcDowell, leave of absence was granted to Mr.
Perry, on account of ill health.

CORPORATIONS AND BANKING.

Mr. Graha:m, from the Committee on Corporations and Banking now
submitted the following report:

corporations.

Section 1. Corporations may be created under general laws, but shall
not be created by special act, except for municipal purposes. All general
laws or special acts authorizing or creating corporations may be altered
from time to time, or repealed.

Sec. 2. Dues from corporations shall be secured by such individual
liability of the stockholders, and other means as shall be prescribed by law;
and each stockholder of a corporation or joint stock company, except cor-
I^orations for charitable purposes and railroad corporations, shall be indi-
\'idually liable over and above the stock owned by such stockholders, and
any amount unpaid thereon, to a further sum at least equal in amount to
such stock.

Sec. 3. The property of corporations, now existing, or to be hereafter
created, shall be subject to taxation the same as the projjerty of indi-
viduals; Provided, That the property of corporations for charitable or
religious purposes, not exceeding in amount the sum of fifty thousand dol-
lars, shall not be subject to taxation for any purpose.

Sec. 4. All real estate or other property of religious corporations, shall
vest in Trustees, whose election shall be by the members of such corpora-
tions.

Sec. 5. The General Assembly shall provide for the organization of
cities and villages by general laws, and shall restrict their powers of taxa-
tion, assessment, borrowing money, contracting debts and loaning their
credit, so as to prevent the abuse of such powers.

Sec. 6. The term corporations, as used in this article, shall be construed
to include all associations and joint stock companies having any of the
powers and privileges not possessed by individuals or partnerships; and all
corporations shall ha-s'e the right to sue, and shall be subject to be sued by
their corporate name in all courts of competent jurisdiction, the same as
natural persons.

(79)

80 C'dxvKXTiox Proceedings and Debates.

BANKING AND CURRENCY.

Section 1. No bank shnll be established otherwise than under a general
banking law.

Sec. 2. Whenever the Legislature shall provide a general banking law
it shall require, as collateral security for the redemption of the circulation
of any bank organization under such law, a deposit, with the Auditor of
State, of interest-paying bonds of the several States, or of the United
States, and the Auditor of State shall register and countersign no more
circulating Ijills of such bank than the cash value of such bonds when de-
posited.

Sec. 3. Whenever the bonds i)ledged as collateral security for the cir-
culation of any bank shall depreciate in value, the Auditor of State shall
require security, or curtail the circulation of any bank as may be provided
by law.

Sec. 4. All bank notes issued as money shall be redeemable in the legal
currency of the United States. Holders of bank notes shall be entitled, in
case of the insolvency of such banks, to preference of specie payment over
all other creditors.

Sec. 5. The State shall not be a stockholder in any bank or banking
institution.

[-10] Sec. 6. All banks shall be required to keep ^officers and offices for
the issue and redemption of their circulation at some convenient point
within the State.

Sec. 7. Any general banking law which may be enacted, may at any
time be altered, amended or repealed. Robert Graham, Chairman.

On motion by Mr. Slough, the Convention resolved itself into a Com-
mittee of the Whole House (Mr. Thacher in the Chair), and took up the
consideration of this report, and it was ordered to be considered by the
sections separately.

The first section being read by the Secretary.

Mr. Stinson proposed to strike out so that the section will read —
"Corporations shall be created under general laws alone, except for mu-
nicipal purposes." He considered the second line mere surplusage, for it is
a conceded principle, that where an act of incorporation has been granted,
any time before vested rights have accrued under the act, the Legislature
may amend, but the Legislature cannot touch the charter, so as to interfere
with those rights.

Mr. Slough proposed to amend by way of substitute, which he said he
derived from the first and second sections of the article on corporations in
the Ohio Constitution. It was read as follows:

"The General Assembly shall pass no special act conferring corporate
]K)wers. Cori)orations may he formed under genera! laws; but all such
laws may, from time to time, be altered or repealed."

Mr. Slough. I propose, that no act of incorporation shall be passed,
except of a general character. I cannot conceive of the necessity for any
distinction being drawn between corporations. It is proposed in the report
to make an exception in the case of municipal corporations. I see no
necessity for the exception. I understand that there is another jirovision
to be proposed requiring all acts to be of a general character, and as vil-
lages, towns and cities are to be classified, it will allow all of the same class
to be placed on the same footing. It seems to me that our legislation

Monday, July 11, 1S59. 81

will be greatly simplified, if such a provision of the Constitution shall he
complied with.

The substitute was adopted — affirmative 22, negative 12, and so the
first section was passed.

The second section being read by the Secretary.

Mr. BuRRis proposed to amend by striking out the words, "'And any
amount unpaid thereon," to the 5th fine. These words were unnecessary.
He could see nothing gained by retaining them, only as they tend to mystify
and obscure the sense.

Mr. Slough. It frequently occurs that only a small portion of the
stock is paid in — say SIO on the SlOO, and these words are for the purpose
of providing that the party shall be responsible, not merely for the SIO,
but for the full value of his stock.

Mr. McDowell. At the first blush, my mind agrees with the sugges-
tion of the gentleman from Johnson (Mr. Burris). It seems to me that it
should be immaterial whether the stock is paid in or not, if the stockholder
owns it. The object to be accomplished by the section is to secure the
individual liability of the stockholders in double the amount of stock
owned, so that the country may not suffer on account of the indebtedness
of the corporation. That is the object. If it can be attained as well by
striking out these words, which may throw doubt on the meaning of the
section, then these words ought to be stricken out. But is that the case?
It seems to me, that the section as thus read, has a very appre^-iable
meaning — so clear that it cannot be misunderstood, and that the addition
of these words throw doubt upon its meaning. But now, what \s the
amount of stock owned by an individual? Is it the amount he has paid in?
or is it the amount for which he has the certificate of the company? If
it is simply the amount paid in, then the gentleman from Leavenworth
[*11] (Mr. *Slough) is right; but if it is the face of the certificate
of stock, then these words are surplusage. I think when the stock has
beeri subscribed, the individual becomes responsible /or the face of the
certificate he holds. And one of the objects we ought to have in view is
the simplification of the phraseology we employ.

Mr. Slough. I am willing to concede that the section is not as clear
as it might be, and I propose to amend by striking out all after the word
"corporations," in the 5th line, and insert these words: "shall be hable
in a sum double the amount owned by each stockholder."

Mr. HiPPLK proposed to amend the amendment by striking out the
words, "and railroad corporations;" which was rejected.

y'v. Slough's amendment was adopted.

Mr. Stinson proposed to amend by striking out the words, "Dues from
corporations shf^ll be secured by individual liability of the stockholders,
ancl other means as shall be prescribed by law; and." It seemed to him
that these words were mere verbiage.

The amendment was rejected; and so the section was passed.

The third section being read by the Secretary —

Mr. Hoffman proposed to amend by striking out all after the word
"individuals."

Mr. Stinson proposed to strike out the entire section. It was all
surplusage.

Mr. Slough. I should dislike to see this section stricken out, unless
the committee on Finance and Taxation shall incorporate it.

C — 778

82 Convention Proceedings and Debates.

A voice. We have got it.

Mr. Slough. Then I am in favor of striking out.

Mr. Hutchinson proposed the following by way of substitute, which
was rejected:

"The property of railroad and telegraph corporations shall be exempt
from taxation until such time as said corporations have declared a divi-
dend on their stock."

The motion to strike out was agreed to, and it was also agreed that
section four should be section three.

Section 4 being read by the Secretary —

Mr. Slough proposed to insert as section four the following, derived
from section 5, articJe XIII, of the Ohio Constitution:

"No right of way shall be appropriated to the use of any corporation,
until full compensation therefor be first made in money, or first secured
by a deposit of money, to the owner, irrespective of any benefit from any
improvement proposed by such corporation; which compensation shall be
ascertained by a jury of twelve men, in a court of record, as shall be pre-
scribed by law."

Mr. President Winchell. I propose to amend by striking out the
words: "Irrespective of any benefit from any imj^rovement proposed by
such corporations."

Mr. Blunt. I am opposed to the amendment of the gentleman from
Osage [Mr. Winchell]. I think it would leave the section in such a shape
that it would o]:)erate unfairly and unjustly. I know that it is claimed
by many that the advantages derived from the location and construction
of a railroad or other work of internal improvement through a man's land
or plantation should be sufficient compensation for the darhages; and
\iewing it in one sense that may be the case. But does not this rule in-
vidiously discriminate between such a man and his neighbor, who receives
the same advantages from the location of the railroad or work of internal
improvement, and who is not damaged at all by the cutting up of his
land? For instance: A and B each own a quarter section of land adjoin-
ing some railroad, who have derived equal benefits from the location and
construction of such road. But the road runs through the land of A.
damaging him greatly, and in consideration of the benefit he derives from
the road he is awarrled no damages, — whilst B sustains no damage at all.
and enjoys all the advantages wliich have cost A the ruin of his farm.
[^12] This matter, I know, was thor*oughly canvassed in Ohio, and in
the late Constitution, adopted in 1851, this clause was provided. Previous
to that time, it was customary in assessing damages which any jierson
micht sustain by the location of a railroad or other work of internal im-
provement through his plantation, to take into consideration the benefits
accruing; and even if the railroad run diagonally through his farm, I never
knew an instance in which damages were awarded to him, according to his
claims. And the people of Ohio, seeing the unfairness and injustice of this
system, had this provision incorporated into their Constitution; and I
believe they are still satisfied with it. So I think the matter of material
importance, that the section should be retained as it stands in the original
proposition.

Mr. President Winchell. It appears to me, sir, that the financial con-
dition of the citizens of the State of Kansas, and that of the people of the
State of Ohio, are widely dissimilar. Whilst it is comparatively an easy
matter to construct a railroad there, where there is capital, and where cor-

Monday, July 11, 1859. 83

porations are willing to enter on such works upon almost any terms, I pre-
sume all are aware, that it must be very difficult to construct a railroad
in Kansas for some time to come. It is for this reason that I am willing to
offer an inducement for capitalists to come among us and invest in rail-
roads, by diminishing the damages for the right of way. It seems to me
also, that no man is so much benefitted as the man through whose land the
road passes. It gives him immediate access to the road. It gives him the
opportunity for a depot and the building up of a town on his farm. And
it seems also, that if his farm were badly cut up, reciuiring extra fencing,
&c., that any jiu-y of fair-minded men would award him damages. For
these reasons I am in favor of the amendment.

Mr. Houston proposed to make the number of the jury of assessment
"six" instead of "twelve"; which was rejected.

Mr. Winchell's amendment was then agreed to; and so the section was
adopted.

Section h\e being read by the Secretary —

Mr. KixGMAX proposed to amend by striking out the words, "The Gen-
eral Assembly shall provide," and inserting these words: "Provision shall
be made by law."

Mr. Hutchinson suggested — "by general law."

Mr. King:man accepted, and so the amendment was adopted.

Mr. PnEsmENT Winchell proposed to strike out the words, "shall
restrict," and insert after the word "credit" these words: "shall be re-
stricted."

Mr. FoKMAN proposed to strike out "cities" and insert "towns."

These amendments were agreed to.

Mr. Stinson proposed to strike out these words: "and shall restrict
their powers of taxation, assessment, borrowing money, contracting debts
and loaning their credit, so as to prevent the abuse of such powers."

Mr. Slough objected to this. The practical operation of this provision
in the Ohio Constitution had been to limit in cities and towns the amount
of taxation that might be levied for municipal purposes. It was to prevent
abuse of the taxing power. It was one of the wisest and best provisions that
could be inserted in the Constitution.

Mr. King:man. Still it left the whole power in the hands of the Legis-
lature. They were themselves the judges whether the power is abused or
not. It added nothing to the security against abuse.

Mr. BuRRis. I cannot see the propriety of striking out these words.
They do not lengthen the section very much. They are not cumbersome.
It seems to me that this is just such a provision as ought to be there. It is
thus imperatively made the duty of the Legislature to provide against
abuses. It is imperatively required of them. It is just as peremptory as
the provision that they shall i^rovide b}- general law for the organization of
towns and villages.

The amendment was rejected; and so the fifth section passed.

[*13] *The sixth section having been read by the Secretary —

Mr. Stinsox moved to strike out this section. It seems to me utterly
preposterous — like other things I have moved to strike out.

Mr. Slough. It appears that this section is only for the purpose of
defining what the word "corporation" means. It is unnecessary in the
Constitution.

84 Convention Proceedings and Debates.

Mr. Griffith. If it can do no harm, I see no necessity for striking it
out. I am opposed to mutilating reports, unless there is a clear necessity
for so doing. This xery article, as I understand, is found in a number of
State Constitutions, and perhaps it is applicable and important.

The motion was rejected.

Mr. McClelland made an ineffectual motion to strike out the last six
words of the section.

BANKING and CURRENCY.

The Secretary having read the first section in this chapter of the report
of the committee on Corporations and Banking —

Mr. McDowell. Mr. Chairman, I propose to strike out all after the
word "established," and insert in lieu thereof the words "by law."

In offering this amendment, Mr. Chairman, I propose for a single mo-
ment to give my reasons for it. I am opposed, sir, to all banks. I am
opposed to giving the Legislature any power to create banks. I want, if
possible, to see the new State of Kansas start right on this question, and my
notion is, that the right way to start on this question is, to take away from
the Legislature all power of creating banks. 1 have regarded the history of
banking in this country, sir, as a history of disaster, of ruin, and of all
manner of unfairness, to such a degree that it has been eminently oppressi'\'e
in all the States where they have existed.

I believe, sir, in the first place, that it is impossible to establish a system
of banking that will be safe — under which the noteholder can be made se-
cure. The temptation to fraud, to cheatery, to dishonesty, under any sys-
tem of banking that I have ever seen are so great, that experience has
demonstrated that, under almost all systems of banking, they have not been
resisted. It is especially true in th's country, that all our monetary revul-
sions result from the depreciation of bank paper. I defy gentlemen to show
a case where these revulsions have not resulted from the establishment
of banking in the country.

Gentlemen may reply and say, if we suppress banks we will be without
a circulating medium. In answer to that, I have simi)ly to say, that there
is enough of the precious metals in the country to create a circulating
medium to answer all purposes that banks can, and that if we establish
nothing for a circulating medium but gold and silver, gold and silver will
find their way here. The country abounds, sir, with this character of a
circulating medium — locked up in the vaults of the banks, and prevented
from <roing into circulation, because bank notes circulate in th(>ir stead.
If we adopt that for our position, we shall avoid the ruin which these
banks have everywhere wrought, and we shall have a currency in which
there will be no mutations, and connected with which there will be no
revulsions. Nothing so materially retards the ])rosperity of a State as the
establishment of such corjoorations. Some few States, I admit, have banks,
with charters well guarded and restricted, which seem to work well. But
it must be yet a matter of doubt with them all, and no man can say that
they will not yet result in the ruin of many, and to the detriment of the
inten-sts of the State in which they exist.

Sir, I i^jropose that this State shall start right. I i)ropose that we keep
away from the Legislature all power to create such cori)orations. I may
be in a small minority here on this question, but conceiving that I am
right, I am constrained to call upon the Convention to consider well
whether it is not our true policy to prevent the creation of any bank of
[*14] *issue in Kansas.

I know it is futile to institute Constitutional objections to the estab-

Monday, July 11, 1850. 85

lishment of banks by a State government; for by common consent of the
States, they have nearly all ignored the legal proposition; but still I will
advance it for what it is worth. The Constitution of the United States
directly jirohibits the States from establishing corporations with banking
powers. [Mr. McD. here referred to two cases in 4th and 5th Howard's
Reports, in which the Court defines a bill of credit, and decides that a
State as such, cannot issue bills of credit. He continued.] And if a State
cannot do such a thing directly, it certainly cannot do so by any inchrec-
tion, as through a chartered incorporation. This was the only question in
those cases before the Supreme Court that all such banking corporations
are void. But still the people are in favor of the banking system.

But, if the legal power in the hands of the State were not doubtful,
regarding it only in the light of expediency, I should still insist on re-
straining the legislature in exercising it. For it does seem to me that
the history of our State presents an luiansweral^le argument against this
proposition, and I regard history as the best sort of i^olitical philosophy.
I regard every State as starting rachcally wrong that does not start right
on this question. It is time, as it seems to me, that some new State should
take this stejD — in advance of the older ones; and it seems to me that no
step could be taken more creditable to the new State than that I have
indicated in this amendment.

Mr. Chairman, this question has come up rather unexpectedly to me.
I had intended to have prepared and presented some statistics bearing upon
it, and amply sustaining all that I have alleged and that is contemplated
in my amendment; and I still propose to substantiate my allegations by
an array of statistics, easily obtained and irrefragable in their character.
I hope gentlemen will consider the matter and express themselves freely
on this proposition; for the question is so palpable to my mind, that noth-
ing could please me more than to see such principles as I have indicated
in the Constitution.

Mr. J. Blood. Mr. Chairman, I do not greatly disagree with the
gentleman from Leavenworth in his opposition to banks. I have always
believed the system wrong. Still I am aware (as every other gentleman
must be, I suppose,) that if we prohibit banking in this Constitution it
will be voted down by the people. I would have no objection to inserting
in this Constitution a clause of this character, that any general banking
law passed by the Legislature shall be submitted to the people at the next
general election, and shall not go into effect until ratified by a majority
of all the votes cast. But I am confident that to prohibit the Legislature
from enacting a banking charter would be to defeat the Constitution. I
remember the first Wisconsin Constitutional Convention prohibited bank-
ing, and their Constitution was voted down by the people principally on ac-
count of that provision. And the second Constitution provided that the
question should be submitted, and a very large majority voted in favor of
l)anking. A general banking law was passed, and it was also submitted
and ratified. And I presume such would be the case with any banking
law or proposition that might be presented to the people of Kansas.

Mr. Blunt. Mr. Chairman, I suppose the only question that can pos-
sibly be raised in Kansas upon this question would be in regard to the
basis upon which l^anks must be established, in order to secure the bill
holder and provide for the redemption of their circulation. I know that
there was a time not long since in the history of our country, when there
was quite a formidable anti-bank party. In the State of Ohio it was made
an issue for a number of years, and used in all our elections, and it was
used principally in order to prejudice the mercantile classes. But I never

86 CoNVEXTiox Proceedings and Debates.

[-15] found an nulividual engaged in the mercan*tile business, that
was not forced to see the necessity for banks of issue, and that was not
really a bank man. whether he belonged to one political party or the other.
And' I believe nothing would more cripple the energy and enterprise of
the State of Kansas than for tliis Convention to refuse to make any pro-
vision ujwn which banks might be established. If we propose to be a
mercantile and commercial people — if we expect to have commercial busi-
ness to transact in the outer world we must have a circulating medium
other than cold and silver. And if we do not secure to ourselves a banking
system, established upon a sound basis, that shall give ample security to
the bill holder, we must be dependent for a circulation upon the rags and
trash emitted from the banks of other States. And I conceive that this
Convention can do no act which will better subserve and advance the
prosperity and interests of the Territory than by providing that the Gen-
eral Assembly may by general law admit of the creation of banks of
issue, at the same time throwing around them such restrictions that they
cannot abuse their powers.

As a member of the Committee on Corporations and Banking, I will
say that we had prepared and reported the j)rinciples of a system of bank-
ing that little or no objection could be opposed against. We have taken
care in the succeeding sections of the bill to provide against abuses by
any bank or corporate body organizing under the provisions of a general
banking law, by requiring deposits of stock of the several States and of
the United States with the Auditor of State, as a guarantee or collateral
security for their circulating medium; and that the Auditor shall not be
authorized to countersign any more bills than shall be eciual to the cash
value of such stock so deposited by them. And then to provide still
further against fluctuations and depreciations in the value of stocks, we
provide a section that whenever the amount deposited shall depreciate in
value the State Auditor shall require additional security; or a corresponding
curtailment of the circulation of the bank.

Now the only question for the Convention is, whether we shall establish
a banking system by general law — give to the Legislature power to charter
corporations by general law so that there shall be no temptation held out
for corporations to interpose their influence with the Legislature to induce
grants of specific advantages in special charters. By providing a general
banking law it will be seen that there is little or no opportunity by which
the Legislature can be corrupted. The only question is, then, whether we
shall provide for a safe circulating medium which shall afford all the bank-
ing facihties demanded by our commercial interests, and which will amply
secure the bill-holder and which will inspire general confidence; for I take
the ground that the prejudice against banks comes from the rottenness of
the bases on which banks have been established. Now the question is,
whether we shall provide ourselves with such a currency, or whether we
shall suffer ourselves to be imposed upon by our neighboring States by
having their bank bills flooded in upon us, of the value of which we can
know nothing.

As far as my knowledge extends with reference to the wants and views
of the Territory, I believe the people are decidedly in favor of banks; and
I believe that any Constitution which did not provide for the organization
of a sound banking system would be rejected by the people. And if we take
this course our labors will be all in vain. I hope the Convention will not
pass over this matter hastily.

Mr. Gkaham. I offer an additional amendment. .\dd these wortls:

Monday, July 11, 1859. 87

"Until subjected to a vote of the people at some general election:" so as to
read ''no bank shall be established by law until submitted," &c.

The amendment was lost.
[*16] The question recurred then on the amend*ment of the gentleman
from Leavenworth [Mr. ^IcDowell] and it was rejected.

Section two having been read by the Secretary —

Mr. WiNCHELL offered the following as a substitute :

AU general banking laws shall require as collateral security for the re-
demption of the circulating notes of any bank organized under their pro-
visions, a deposit with the Auditor of State, of the interest-paying bonds of
the several States, or of the United States, at the cash rates of the New
York Stock Exchange, to an amount equal to the amount of circulating
notes which said bank shall be authorized to issue; and a cash deposit in
its vaults of ten per cent of said amount of circulating notes.

The substitute was adopted — affirmative 24, negative IS.

Mr. Kinc;:max proposed to strike out the words "of the several states"
and insert these words "of the State of Kansas."

Mr. Kingman. The object to be attained is to strike out the bonds of
all the other States except Kansas and the bonds of the general govern-
ment. The effect will be to make our bonds of par value, and it will then
be in our power to make the l^ill-holder entirely safe.

Mr. BiTRRis. It seems to me, Mr. Chairman, that the amendment ought
not to prevail. I think it must be jilain to the mind of every member that
good policy will never allow the State bonds of Kansas to be issued to any
very great amount ; and I cannot see why the interest-paying bonds of the
States would not secure the bill-holder just as well. I remember that under
the first Constitution of the State of Iowa they could not create an in-
debtedness of more than S50,000, and I hope the State of Kansas will adopt
some such policy. I think the amoimt should be restricted to a sum not
greater than §50,000 or 8100,000. And that will be no great amount to
bank upon. Why not then allow the bonds of other States to be deposited
as well as the bonds of Kansas? It seems to me that the bonds of other
States would be equally good as a security, and might as well be used.

Mr. Stinson. I suppose our object in makins; any provision in rela-
tion to banking will be to secure a safe system, and at the same time derive
the greatest benefit from the system itself. It seems to me that the State
of Kansas and e"\'ery new State coming into the Union must have a con-
siderable public debt. There are extensive improvements to be under-
taken, and it will not be right, it will not be possible for the new State to
bear the amount of taxation which will immechately devolve upon it;
and if we can devise any means of borrowing money it seems to me it will
be to our interest to do so. By the adoption of this amendment we secure
a rapid sale of our bonds which will stand at par and even above par in the
market. As for other State bonds, we cannot control them and it is pos-
sible that they may repudiate. But here we shall have a safe system, at
home. All the bill-hoklers are interested in sustaining the credit of our
State. The banks and bankers and the bill-holders mutually sustain each
other.

Mr. Blunt. Mr. Chairman, 1 think the amendment offered liy the
gentleman from Brown (Mr. Kingman) is entitled to our consideration. It
embraces the same idea I had in ^'icw in offering the resolution which I did
offer on Thursday morning, and we had the same matter subsequently

88 Convention Proceedings and Debates.

before our committee. I was in favor, in the Committee, of making a pro-
vision to restrict these Stock Securities to the bonds of the State of Kan-
sas, and of the United States, but I was overruled.

I think we may safely predict the creation of a State debt to a con-
siderable extent, probably sufficient, together with the U. S. bonds, to
afford a basis of all the banking we shall desire. Hence I shall vote for the
amendment of the gentleman from Brown.

Mr. Kingman's amendment was agreed to.

[*17] *Mr. Slough. As we have not the amendment offered by the
gentleman from Osage (Mr. Winchell) in printed form, I cannot tell ex-
actly where to attach the amendment I propose. I move to amend by in-
serting approi^riately these words, somewhere after the word "Auditor,"
"And he shall register all bills issued by such banks, and no more in
amount than the cash value of such bonds so deposited."

Mr. Hutchinson proposed to modify the amendment so as to read:

"And the State Auditor shall register and countersign no more circulat-
ing bills of any bank than the cash value of such bonds when deposited."

Mr. Slough accepted, and so this proposition was adopted as addi-
tional to that of Mr. President Winchell.

Mr. Graham. Mr. Chairman, it does appear to me that as the substi-
tute now stands it will virtuaUy give no security to the note-holder. In
the report we made, we had a sliding scale. That is, as the banks de-
preciated we required that additional security should be deposited, or a
curtailment of the amount of circulation. The matter as it now stands will
result in this way. It is self-evident that we will have a large indebtedness
when we come to be a State — no doubt a half million or a million of dol-
lars, the first year. These Kansas bonds pass into the hands of speculators
at. nominal prices — they go into the New York market, and there their
owners will raise these stocks up to par value and come here and bank
upon them; and upon that for the basis you will have an issue of paper
money. Then the bonds will be depreciated and there is no sliding scale
to secure you.

Mr. President Winchell. The substitute offered by myself does not
touch the third section which provides the sliding scale the gentleman
speaks of.

The second section, as amended, was now adopted.

The third section was read by the Secretary.

Mr. President Winchell. Mr. Chairman, to make this harmonize with
the amendment I propose to strike out the words "as may be ]irovided
by law" and insert these words: "to such extent as will continue the
security unimpaired." I do not consider the language of this third section
sufficiently strong. It does not prescribe to what extent the security shall
be carried. I desire to have this done so as to render the notes unimpaired
in value.

The amendment was agreed to by consent, and so the third section was
passed.

The 4th section was read by the Secretary.

Mr. Kingman proposed to strike out the word "money" and insert, in
lieu thereof, the words "circulating medium;" also, to strike out the words
"legal currency of the U. S." and insert in lieu thereof the word "money;"
also to strike out the word "specie" in the 26th line.

Monday, July 11, 1859. 89

A^r. Graham. The object the Committee had in imtting in the
words "legal currency of the U. S." is this: in the charter of the bank of
the Valley of Kansas, it is provided that its notes shall be redeemed when
presented, in gold and silver. And it was but a few days ago that several
thousand dollars came up to them at Leavenworth for redemption, when
they took advantage of these words and commenced redeeming their notes
in three, five and ten cent pieces. About the same thing occurred a week
or ten days ago in the State of Missouri, when the bank at Lexington was
called upon for some $65,000 from St. Louis.

Mr. KixGMAN. This is a hard one, Mr. Chairman, but unfortunately
there is a clause in the Constitution of the United States that has vexed
me in ever}' condition of life in which I have been placed, and that is
that no State shall make anything a legal tender but gold and silver.
Are we to construe this clause to mean anything but gold and silver? I
believe the legal currency of the United States is money, and I wish merely
to correct the phraseology.

Mr. Graham. I think by changing the phraseology it changes the in-
[*18] tention we want to get *at. We want these corporations to have
no power over individuals holding their note and claiming payment — no
more power than you, sir, would have over me in such a case.

Mr. Kingman's amendments were severally agreed to and so the 4th
section was passed.

Section 5th was read and adopted by consent.

Section 6th was read by the Secretary.

Mr. Wrigley offered the following addition:

"And a majority of the stockholders of any bank shall be resident house-
holders of the county in which said bank is located."

Mr. Prest. Winchell. It seems to me that we shall be circuniscribing
our banking facilities and defeat the whole object, if we provide that
foreign capitalists shall not do business in our State.

Mr. Wrigley. Mr. Chairman, I am opposed to the adoption of any
banking law which shall be for the purpose of enabling speculators to
make money off the people. The intention of such a law should be, while
it shall present as great a check as possible to undue speculation, yet it
shall secure to the people their best interests — that is, we should establish
banks really for the benefit of the people. I have given but little atten-
tion to these matters, but my observations in the State of Indiana suggest
this precaution to my mind. I know that in that State under their general
banking law, the bill-holder could not sometimes find the bank, or at
least it was often difficult for him to find a place where he might present
his note for payment. He might sometimes find the bank in a stump,
and again sometimes in the hat of some President that might be walking
in the northern swamps. The object was to establish a bank in any out of
the way place, whereon the parties might stick up a board. I am opposed
to that license in banking. If it is the wish of the people to have a bank
in any place, it seems to me that there will be suflRcient capital in the
county to enable them to own one-half of the stock.

Mr. Houston proposed to amend the amendment by inserting the
word "State" instead of "county."

Mr. Prest. Winchell. I am opposed to the amendment of the gentle-
man from Doniphan (Mr. Wridey) for the reason that so far from wish-
ing to decrease our commercial and business facilities, I desire to enlarge
them; and so far from providing that no banks shall be located outside of

90 CoN\'ENTiON Proceedings and Debates.

the large cities in the State, I would make provision that they should be
placed in the most convenient parts of the State, and that capitalists
should be invited to invest their funds with us in their own way.

Mr. Greer. I am not sure that it will be for the advantage of the
State to invite capitalists from abroad. I think the people of Kansas
will find themselves better sustained in a financial point of view if they
were to become money-lenders instead of money-borrowers. I am in favor
of confining these securities to the bonds of Kansas. I think it is better
to loan than to borrow money. Capitalists who come here to bank, come
for the purpose of loaning money at a better interest than they can obtain
elsewhere. A money lender at a low rate of interest, is better off than
a borrower at a high rate. Men go into the banking business for the sake
of making money. If it were possible to get along without banking and
afford the facilities necessary for the proper wants of the State, I would
be with the gentleman from Leavenworth (Mr. McDowell). There is
perhaps no State in the Union that has adopted any general banking
system, however well guarded, but what their bills have been thrown
upon the people, and have become more or less depreciated. I know that
was the case in the State of Indiana. Shortly after the adoption of their
Constitution of 1S51, under a general banking law numerous banking in-
stitutions sprung up all over the State, and as stated by the gentleman
from Doniphan (Mr. Wrigley) a number of their locations could not be
found. I remember that a gentleman searching for one of these banks out
north, was directed to a stinn]i, and I believe he ultimately found some
[*19] ^security for his bills deposited in some man's hat. But it was
but a short time after the country was flooded with these bills, when,
by some manoeuvering, the bonds deposited by these bankers were sud-
denly depreciated, and some nine or ten of them went down in one night.
Then runners were sent out to buy up this depreciated circulation, and
thousands of dollars were made both ways, both by the purchase of the
bonds and the buying up of the notes, of which they were the security.

Mr. Blunt. It seems to be the motive of gentlemen to cite the history
of banking in Indiana as an objection to a general system of banking. If
that is so it is unjust ; for all know that the system in Indiana was upon a
very different basis from that which we propose. Under the Indiana bank-
ing law the Auditor was authorized to take all sorts of security. They did
not confine them to State bonds. They took canal bonds, turnpike and
railroad bonds, and they were all i)ut in at a fictitious value. Stocks
worth ten per cent, were put in at SO or 90 or at par. The consequence was
that many of the Indiana banks went down. Now we propose securities
which every' one must know are of a staple character — which fluctuate
very little, and even that fluctuation is provided against. I think it very
unfair and unjust to spring the Indiana system as an argument against
the system which we propose to establish.

Mr. Graham. I am in favor of the amendment of the gentleman from
Doniphan. Without some amendment of the kind, the operation will be
this: Capitalists of New York, Boston and Philadelphia will get Kansas
stocks, paying for them perhaps only ten per cent ; then come out here and
make depo.sits with the Comptroller, drawing interest on these stocks;
then get their jiajier issue purporting to come from a bank located at
Waubonse, or somewhere, and go with it into Wall street, or where they
jjlease. I agree with the gentleman that we ought to confine the direction
of these banks to the people of Kansas.

Mr. Houston now withdrew his amendment.

Monday, July 11. 1859. 91

Mr. Hutchinson. The argument was well presented, that we ought to
give the preference to Kansas stocks over those of other States. For
similar reasons I am in favor of giving a fair showing and all possible ad-
vantages under ou.r banking system to the people of this Territory, to the
exclusion of non-residents. I propose to amend the amendment of the
gentleman from Doniphan, by way of sulistitute, in the following words:
■'and resident house-holders of this State shall always have preference over
the non-residents in taking the capital stock of any bank."

Mr. Wrigley. I am opposed to the substitute and still in favor of the
amendment. I had expected those more familiar with the subject than I,
would ha\e taken the matter in hand. 1 believe the amendment I have
offered covers the ground — I believe its operations will be beneficial for
the people. Banks are very suspicious institutions, the best way we can
fix them. They are dangerous animals, aj^t to do injury, and cannot be
too strictly and carefully guarded. If banking be encouraged at all it
should be for the benefit of the people. If any locality wants a bank,
surely there will be enough capital in the county to take a majority of the
.stock. The presence of capital is the best evidence that the people desire
a bank. But to allow these stock-mongers to come among us, fix upon some
point where there is no bank and locate there, is sufficient evidence to my
mind that all is not right. It strikes me that it is a good provision to re-
quire a majority of the stockholders to live in the county. The gentleman
from Anderson (Mr. Blunt) says that the Indiana system had nothing in
common with our system. [He reads the Constitutional provision au-
thorizing the Intliana law]. If my recollection serves me the free banking
law of Indiana which was enacted under this jjrovision, provided that
dollar for dollar should be deposited in stocks with the Auditor, to secure
[*20] the circula*tion, which is very similar to that under consideration.
They also had that other provision, that in case of depreciation the Auditor
should require still further security. But these banks failed, and frequently
this trash was circulating when it could not even be found out where their
banks were located.

Mr. Stiarwalt. It merely requires that a majority of the stock shall
be owned in the county where the bank is located — that a majority of the
directors shall reside in the county. So far as my experience goes, this
would naturally be the case. I have observed that in all safe bank man-
agement it is arranged so that the directors can meet once a week. I am
in favor of the original amendment, and I don't know that I could object
to the substitute of the gentleman from Douglas (Mr. Hutchinson). I
think a majority of the chrectors should reside near on account of the
necessity for frequent meeting. The old law of Missouri required all bank
directors to meet once a week.

Mr. Blunt. The amendment, ,says stockholders.

Mr. Stiarwalt. But stockholders are always directors.

Mr. President Winchell. I would ask whether it would not be very
easy for a majority of the stockholders to live outside of the county, and
a majority of the directors to live in it ?

Mr. J. Blood. Mr. President, I have no objection to either of the prop-
ositions. I think there are many good reasons why the first proposition
should prevail. There are some States where general banking laws exist,
where banks are located in remote parts, and the stockholders all live in
the great cities — in many instances, perhaps, they are not even residents of
the State. I know of some cases of that kind. Their security stocks are

92 Convention Proceedings and Debates.

deposited with the Comptroller— they have an office rented in some remote
part — arrangements are thus made to comply with, or to evade the law —
and so they put their notes in circulation. To restrict this practice I thmk
The amendment of the gentleman from Doniphan a very good proposition,
and I have no objection to the other as additional.

Mr. McClelland. I think it very important that a majority of the
stockholders should reside in the county, and that this may stand alone, I
shall vote against the substitute.

The substitute was rejected.

Mr. Hutchinson. Mr. President, I now propose the same matter as
an amendment to be added to the clause proposed by the gentleman from
Doniphan.

Mr. Wrigley. I accept.

Mr. Ingalls. I propose "inhabitants" instead of "stockholders."

The proposition was agreed to.

Mr. Houston now again submitted his motion to make it read "State"
instead of "County" in Mr. Wrigley's proposition.

Mr. J. Blood. Mr. President, I hope the motion will not prevail; for
the reason that the large capitalists at Leavenworth, for instance, might
establish a bank in Riley county, and centlemen would find that they
would control it, not for the benefit of the residents of Riley county. I
would have no bank thrust upon the people of any county by non-residents.

Mr. BuRRis. Mr. Chairman, from facts already indicated in the debate
the gentlemen offering these amendments are in favor of promoting legis-
lation that will be hostile to the banks. They are also in favor, for
security, of such State stock as that of the State of Kansas and of the
United States. It seems to me, this being the case, that if we are to have
banks in the State of Kansas and their circulation is to be secured in
such a manner, I cannot see for the life of me any necessity for the
stockholders or a majority of them residing within the limits of the county.
Such reasoning might be good before the Legislature wliich might be pass-
ing a special banking law. But what difference does it make to the note-
holder whether the stockholders reside in the county or at Leavenworth?
The design is to have a circulating medium — to have bank bills in circu-
lation, and have them well secured — and that end will be attained just
as certainly and effectively by having the word "State" as by having the
[*21] word *"County." It is true that there might be wealth enough
in any coimty in which a bank is proposed to be established to secure a
majority of the stock; but then it might not be of that peculiar character
which could purchase a sufficient amount of the peculiar bonds required
for security. In that case, I would say, let subscribers or stock come in
from other parts of the State. So we know the bills are secure, that is
all we want.

Mr. Houston. Mr. Chairman, I am pretty near or quite a hard money
man. I have in my possession a five dollar bill that I got the other day
which is worthless. And I think if we establish a system of banking and
do not guard it well, that there will be a good many such five dollar bills
lost as well as mine. I think with the gentleman from Leavenworth that
it is almost or quite impossible to establish a system of banking but what
will result disastrously. But still, sir, if you are going to have the thing,
I want some of its advantages. If you are going to have it, and it is a good
thing, let us have a little of it up with us. My reasons for proposing the
word "State" were that the resources of many of the counties must be for

Monday, July 11, 1859. 'J3

some time to come entirely too restricted to control a bank, and the word
•'State" would include a wider area. Yet, at the same time we must be
able to get hold of the property of the individual stockholder. I hope
some gentleman will propose to make the bankers individually liable. I
want a majority of them in the State so that we may get at them.

Mr. President Winchell. Mr. Chairman, I am in no way surprised
that this proposition has emanated from the quarter it has, and that it is
sustained entirely by gentlemen who hail from large towns and the river
counties. For the practical working of the proposition must be to con-
fine the location of banks to the seats of capital. Nothing is more apparent
than that, by a provision of this sort, the rural districts cannot be accommo-
dated with banks the security of whose circulation they are acquainted
with. I Hve myself in a rural chstrict, and am opposed to any provision
in the Constitution calculated to prevent the influx of capital from abroad.
The question now is, whether these banking institutions shall be dis-
tributed throughout the State or confined to the centers of capital. As
the gentleman from Johnson (Mr. Burris) has remarked, what difference
can it make to the people whether banking is established by capitalists in
the immediate vicinity or from abroad? It seems to me that the effect
of the amendment would be to say in advance that no man shall come into
the country to do business except those who are in it already. The other
proposition, which I advocate, invites them to come in. You might as
well legislate against gold coming in from Pike's Peak. Provided the
system of banking we propose is a good, sound system — supposing that
to be settled — I ask whether it is not fair to the people that these banking
institutions should be located throughout the State, subject only to section
six, which provides that they shall keep an office at some convenient point
in the State?

Mr. J. Blood. Mr. Chairman, there are some reasons why I think that
this policy of allowing banks to be located conveniently is objectionable.
It may not work to the advantage of the entire country for these reasons:
The capitalists in large towns may keep office anywhere to comply with
the law. The money is to be circulated in the large towns or whereso-
ever, so as not readily to come back to the place where the bank is lo-
cated. The place is so remote that it is difficult to return the notes to
the bank for redemption.

Mr. Wrigley. The gentleman from Osage says to the Convention that
he is not surprised that this proposition should come from the river
counties and should meet with the support of delegates from the river
counties.

Mr. Winchell. I said from gentlemen hailing from large centres of
trade and capital.

Mr. Wrigley. While I happen to hail from a city of fifteen or twenty
thousand inhabitants, I still belong to the rural districts, and it was for
the protection of the rural districts that I offered the amendment. I do
not think my proposition is to benefit the larger towns. I think, on the
contraiy, that it will be for the interest of the larger cities to defeat it.
Because if banking be profitable, and if these bonds cannot be bought up
at a nominal price, it will not be for the interest of capital to invest in
them. If so, wherever capital is concentrated, there will be the place [in
which the] greatest interest will be felt in establishing these banks. If tliis
be true then surely the larger towns and cities are interested in opposing
this amendment. I think the best way of banking in the rural districts is to
confine the majority of stockholders to the country. I think the object

94 CoNVENTiox Proceedings and Debates.

of the Convention in establishing a banking prniciple must be for the
benefit of the people and not for the purpose of making money. And if
it is for the benefit of the people, how are you to ascertain where it is for
the advantage of any people to have a bank? Whenever the wealth and
[^22] resources of any county shall need a bank, the ^demand will be
immediate, and the wealth and resources of the locality should direct and
say where it shall be established. I offered this amendment merely for the
purpose of preventing banks from being established for the benefit of
capitalists. The gentleman from Riley (Mr. Houston) proposes to sub-
stitute the word ''State" instead of "County." In my judgment this would
defeat the object. He says if banks be a good thing, he wants a little
himself. In reply to him I would say that he derives the greatest bene-
fit from banks who has the least to do with them. But, Mr. Chairman,
as I have said before, I am not familiar with this subject. I would like
to hear from the grey-headed men. I think I can easily see how the bonds
of the future State may fluctuate and sell at a discount. Capitalists will
buy them up for the very purpose of establishing banks in the different
parts of the State. They can be bought say at fifty cents on the dollar,
and they will be deposited with the Auditor dollar for dollar, and so a
bank is located at Fort Riley.

Mr. Prest. Winchell. The bill provides that they shall be deposited
at their current value at the New York Stock Exchange.

Mr. Wricley. I think the gentleman from Riley happily hit this
section when he showed how they would be bought up and how they
would be raised to par value by the offer of the capitalists themselves, how
quoted at par, and when so quoted deposited with the Auditor to con-
stitute the basis or security upon which their bills are to be issued. It
may so happen, or it may not happen, that these bonds will be depreciated
and new security required. And if new security is required and given,
the bonds might still be bought up at their de]:)reciated value. At any
rate such would not be a safe principle. No sound principle is illustrated
here. But I say if the natural wants of a people require a bank, let them
have it and control it, but do not give encouragement to a system wluch
shall induce capitalists from abroad to speculate upon the hard earnings of
the people. Therefore, I submit my amendment. I desire to see this
thing as strictly guarded as possible. The substitution of the word "State"
would defeat the object.

On the motion of Mr. Hutchinson the Committee now rose and the
Chairman, under instructions reported progress to the Convention and
asked and obtained leave to sit again.

KANSAS CLAIMS.

The President laid before the Convention the report of the Com-
rnissioners for examination and adjustment of the claims of citizens of
Kansas on account of property destroyed in the recent pohtical troubles,
stating that it was desirable to have action with reference to the printing
thereof.

Mr. Si-ouoH moved that it lie on the table and be printed.

Mr. Griffith moved that the report be referred again to the commis-
sioners and that they be requested to cause 2000 copies thereof to be
I)rinted as soon as possible for the use of this body. •

Mr. Hutchinson stated that there were 500 claimants whose names
appear in these records, and lists of claimants, and that 2000 copies of the
report would be a very small number.

Tuesday, July 12, 1859. 95

Mr. Slough imderstandinc; that the commissioners were authorized to
jirint, withdrew his motion.

Mr. Ghiffith's motion was adopted.

ADJOURNMENT OF THE SESSION.

Mr. Stinson. Mr. President, 1 offer the following resolution, and move
its reference to a special committee of thirteen:

Resolved, That when this Con\cntion adjourn to-morrow, it adjourn
until the 13th day of September next, and that all resolutions inconsistent
herewith be rescinded.

On the motion of Mr. Grahajni it was laid on the table.

On the motion of Mr. Thacher, it was

Ordered, That the report of the Committee on Corporations and Bank-
ing; be made the special order for to-morrow morning at the opening of the
Convention.

The Convention then adjourned till to-morrow morning at 9 o'clock.

Tuesd.w, July 12, 1S59.
The Convention met at 9 o'clock a. m.

Prayer by the Chaplain.

The journal of yesterday was read by the Secretary, and approved.

committee on accounts.

The President announced the following Committee on Accounts, ap-
jiroved under a resolution of the Convention: Messrs. N. C. Blood, Mid-
dleton, Hanway, Palmer and McClelland.

NEBRASKA DELEGATION.

Mr. Greer, from the Committee on Credentials (the special order hav-
ing been suspended for the purpose) re]")orted the following:

["23] ^Resolved, That Messrs. Nichols, Reeves, Furnas, Hewett, Keet-
ing, Chambers, Taylor, Niles, Croxton, Cheever, Bennett, Dawson and
Doan, whose credentials have been handed to this Convention as delegates
from that part of Nebraska, south of the Platte river, be admitted to seats
on the floor of this Convention, as honorary members of this Convention,
with the privilege of participating in the discussion of the subject of the
northern boundary of the State of Kansas.

The resolution was adopted, and accordingly it was ordered, that the
Sergeant-at-arras provide seats for the members of said delegation.

Mr. Greer, from the Committee on Rules (under the same dispensa-
tion) reported [an] amendment of the rules regulating the demand for the
yeas and nays.

The amendment was adopted.

new ENGLAND EMIGRANT AID SOCIETY.

Mr. Houston (under a further dispensation of the special order) pre-
sented the petition of the New England Emigrant Aid Society, represent-
ing that said company caused to be built in the town of Lawrence, K. T., a
large stone building known as the Free State Hotel, at an expense of
S20,000; that, on the 20th of May, 1856, said hotel was entirely destroyed
by an armed mob; that these memorialists are excluded from anv benefit

96 Convention Proceedings and Debates.

of the act of the Territorial Legislature, creating a commission for the ex-
amination and adjustment of claims, because they are not citizens of the
Territory; and they desire that by the action of the Convention their claim
may be included.

On the motion of Mr. Houston, the memorial was referred to the com-
mittee on orchnance.

CORPORATIONS AND BANKING.

On the motion of Mr. Slough, the Convention now proceeded with the
special order, and in Committee of the Whole (Mr. Thacher in the Chair)
took up again the consideration of the committee on Corporations and
Banking, the question being on Mr. Houston's amendment to Mr. Wrig-
ley's amendment, substituting "State" for "County."

Mr. Houston's amendment, was adopted.

Mr. Ingalls proposed to amend Mr. Hutchinson's amentlment by in-
serting "inhabitants," instead of "householders," which was also adopted.

Mr. Wrigley, acquiescing in the above modifications, proposed the fol-
lowing by way of substitute for his proposition:

"One half, at least, of the stock of any bank, shall be owned by inhabi-
tants of the State, and a majority of the stockholders of any bank shall be
inhabitants of the State in which the bank is located."

Mr. Stinson. Mr. Chairman, I hope the substitute will not carry. It
seems to me that this is offered to break down the system we propose to in-
augurate. I desire to have a practical system, or none at all. I will not
vote for a system that cannot be carried out. I cannot see the object of the
amendment, unless it is that which gentleman avow in their speeches, and
that is, hostility to banks; and they desire to hamper it so that we cannot
establish a system of banking. I shall not stultify myself by voting for
such obstructions. I say that if you require a majority of the stockholders
to reside in the county or State we cannot have a bank. This is also an at-
tempt to depreciate our bonds, for it would be taking them out of the
market. We say to eastern capitalists, you shall not have the bonds of
the State of Kansas, for this purpose ; and tliis — for the purpose of getting
our bonds favorably into the market — is one of the principal reasons why
the Convention have adopted the system.

Mr. President Winchell. Mr. Chairman, I concur entirely in the re-
marks of the gentleman from Leavenworth. It has been very evident
since this discussion commenced, that these amendments have originated
[*24] with those opposed *to the system, and, so far as I know, not one
who has acted with us on this question has supported them. These
gentlemen have invariably evinced their hostility to the banking system.
Any gentleman who really desires a sound system, will not, I think, vote
for these amendments. I know that in all the rural districts of the State
they will be dependent upon capital from abroad, provided the resources
of the State are to be developed as they should be. In my section where
we have large deposits of coal, we are looking to the establishment of
manufantures as well as banks, and in this also we shall be dependent upon
foreign capital, and we desire capitalists from the east — the bankers in
Wall Street — to come in and increase our circulating medium, so as to en-
able us to become independent in our manufactures. ■ But it is proposed to
so cripple the system as to render it practically useless. If we are opposed
to the system we will vote for these amendments — but I would say to the
friends of the system, do not let us deal it a blow in the back.

Tuesday, July 12, 1S59. 97

Air. Wrigley. The gentleman is entirely mistaken. This amendment
was offered without consultation with any member. I am not hostile to a
sound banking system. "Whether the amendment has been supported b\-
those who are opposed to banks, is more than I know. I am desirous of
inaugurating such a system of banking that shall confer a public blessing,
shall jirotect the people in their rights, and shall be so guarded as to pre-
vent those enormous frauds so easily committed by banks.

The gentleman speaks of the rural districts. If there be towns and
cities in the State where capital is concentrated, it is for the interest of such
localities to oppose this amendment ; and I can see the propriety of the
opposition of the gentleman from Leavenworth (]\Ir. Stinson). If these
banks go into operation, \\hat will they do? They will set up banking at
points remote from Leavenworth and the larger towns. Well, these bonds
which they will deposit will become depreciated. Their bills among the
people will become useless. You, sir, or myself, might chance to have in
pos.session a quantity of these bills — suppose the sura of SoOO — neither of
us would take the trouble of going to Pike's Peak for the purpose of pre-
senting them for redemption, or for bringmg any sort of action against the
bank. The only adequate protection or safeguard, as I conceive, is to con-
fine the stockholders to the county.

The gentleman from Osage tells us of his resources of coal, and want of
capital to develop. All I can say is, let him dig his coal, or let him culti-
vate the soil. It is from the soil that the wealth of the country is to flow.
Let capital be employed in some laudable enterprise — not for the i-)urpose
of s])eculating upon the peoi)le. And a bank never will 1)e needed in any
locality v.here the county cannot purchase a majority of the stock. I know
the amendment of the gentleman from Riley (Mr. Houston) which the
Convention has adopted, strikino; out the word "county"' and inserting the
word '"State" has nearly defeated the object, but still it will secure some
safeguard.

Mr. J. Blood. ~Slv. Chairman, I may have been misunderstood by the
gentleman from Osage. I am not here, sir, except to express my individual
views. I am in favor of this Convention establishing some good, safe sys-
tem of banking. I am only anxious that the bill holder shall be made se-
cure, and always able readily to convert the currency of the banks into
money. And for that reason, I was in favor of confining the stockholders
and directors to the county in which the bank is located. But the Con-
vention decided against that. I may, at the proper time, sul^mit another
amendment, requiring the question of the ratification of any law with
regard to the establishment of a bank to be submitted to the people.

Mr. Crocker. Mr. Chairman, I disclaim all intention of putting [a]
rider on this bill. I do not disclaim being an anti-bank man; but
[*25] ^because I believe the people desire the establishment of banking,
I am in favor here of a sound system. I shall vote for such a system as I
think will best subserve the interests of the people.

Mr. Houston. I do not profess fully to understand the banking busi-
ness; therefore, I do not rise for the purpose of presenting my views as
better than those of other men. I have said I was opposed to the banking
system. Generally I am, but I am not opposed to sound banking. But
when I see a system advocated which I think will prove unsound and
unsafe, I think I ought not to be charged with being an enemy to sound
l)anking, simply because I want to prevent its adoption.

Sir, I was led this morning to look a little into the history of banking
in Ensiland, and I find that in a few years almost all the banks in Endand

98 Convention Proceedings and Debates.

went down except the Bank of England. From this I apprehend that my
idea of a sound banking system is hardly apphcable to that country. The
Bank of England sustained herself because she had the patronage of the
government and the influence of Parliament to support her. Men of
wealth, influence and power had control, and the institution was sustained
by judicious management. When such banks, carefully and properly
guarded, go into operation, when they see danger in the future, and find
that they have a large amount of their paper in circulation, they prudently
contract their issues, whilst, on the contrary, the wild-cat concerns com-
monly play up most at such times and make the longest pretensions, but
all prudent men know that the time must come when they cannot meet their
liabilities. It is a common thing for men to subscribe 5,000 or 6,000 dollars
of such bank stock, and then borrow the money to pay it in, and it is
sometimes the case that the same money has thus paid the dues of several
individuals, in order to enable them to economize in their banking opera-
tions ; and banks have borrowed money to pay their notes, till the hour has
arrived when they can no longer meet their issues, and then the people
suffer the conseciuence. I wish to guard the system as far as possible, by
confining the directorship at home, and I have changed my mind only in
regard to the word "State." I conceive that if Riley county wants a bank,
and has not enough wealth, it would be well to let them come in from other
comities; and now I want to see a provision that the private property of
the stockholders shall be held responsible for their debts.

■Nlr. Greer. I happen to know of those who, in the abstract, are opposed
to banking of all kinds. Yet I am not here for the purpose of insisting on
the adoption of my particular views on this question. I am willing to sub-
mit to the will of the majority; yet I am in favor of every possible restric-
tion and limitation that can be placed upon banking, which has for its
object the security of the bill-holder by the prevention of an undue amount
of paper being thrown upon the country. I regard banking as exceedingly
expensive to the people, and I might say a necessary evil — if it is necessary
to have banks at all. There is no banking system but what the people are
bound to pay from 20 to 30 per cent, on the whole amount of currency thus
thrown into the community. Perhaps there is no banking system that can
be devised but will cost the people for a circulating medium at least 25
per cent. Taking banks as a necessary evil, I deem it the duty of this Con-
vention to restrict the business of banking in every possible shape that it
can bear, so as not to defeat it entirely. At present, in committee of the
whole, I believe we have adopted the proposition to confine the stock
basis of banking to the stocks of the United States and of the State of
Kansas. At the proper time, I apprehend this proposition may be changed
so as to allow the stocks of other States to be used. And if that be done, it
seems to me that the object of the gentleman from Osage (Mr. Prest.
Winchell) will be attained. I am in favor of the amendment of the gentle-
[*26] man from Doniphan, and if we cannot get up what I conceive *to
be a safe and sound banking system, I think it were better to have none at
all. This is my view. An unsound and unsafe banking system is worse
than no system at all. I confess that I cannot see much distinction
between allowing the brokers in Wall street to come here and issue their
money and put it in circulation in W\all street, and in their issuing their
money and putting it in circulation here. It amounts to about the same
thing as far as the people of Kansas can be concerned. For these reasons
I favor the idea of restricting the stockholders to the limits of the State,
and I admit that a majority should reside in the county where the bank
shall be established.

Tuesday, July 12, 1859. 99

Mr. Parks. I think there is a verbal alteration that ought to be made,
which requires a modification of the phrase "in which the bank is located."
This phrase occurs twice.

Mr. Hutchinson. I am still in favor of the original proposition. I am
sure, sir, that our debate here will do no harm; and I think I can see the
eff"ect of the debate of yesterday. Whether it is the debate or other con-
victions that have changed the minds of gentlemen, I am unable to say.
Certainly, matters relating to the future currency are of the highest jjn-
portance. It is one of the attributes of sovereignty. It has been said to
know the music of a state or nation is to know the people of that state or
nation; and I think that it might be as truly said that, to know the money-
currency of a people is to know the moral character of that people. If
the currency is sound and healthy, it will circulate through every fibre of
the body politic, and its effects will be seen in intelligent and vigorous ac-
tion. But if we carry out, at this period of our history, the opposite prin-
ciple, and give encouragement to the wild-cat currency, it will be seen and
felt in every department. There is no other principle but that which makes
the basis of banking secure that accords with sound commercial principles.
The nearer we can make the currency of the nature of ordinary bills of
exchange the better. It is well known that the trade of the world, especially
the trade of the West, is carried on almost entirely by means of bills of
exchange. More than a thousand million of dollars, annually pass from
hand to hand under that name. The paper circulation of the world is less
than one to ten in comparison. Although bills of exchange are ten times
greater in amount than the bank paper circulation, who ever heard of the
money fluctuations of the country referred to bills of exchange as a cause?
No, sir, it is the paper currency that causes money panics, and it causes
them for want of a proper protection and a proper security for the note-
holder. And the more gold we have the more paper we will have — that is
history. When we have given preference of stock to the people of the
State or the county, I think we have gone far enough. I am opposed to
these positive limitations, requiring specifically one-half or three-fourths of
the bank stock to be owned in the State, and I shall vote against it,
although it may destroy the object of the system. The provision of the
substitute was not in the original amendment. Therefore I am opposed to
the substitute.

Mr. Blunt. Mr. Chairman, if I understand the proposition, it is for
the purpose of restricting at least one-half of the banking capital to the
future State; and I think the proposition is worthy of consideration. I do
not believe this proposition comes from hostility to all banks, or from a de-
sire to cripjile the banking system. But the object is to protect the citizens
of this Territory against the abuses of banking privileges. I think it is the
judgment of the committee to establish a banking system for the future
State, and certainly it is proper in such a system to introduce the best
guaranties we can to secure the bill-holder. I am not disposed to prevent
capitalists from abroad from taking part in our banking enterprises, yet
I do think that, by the time our banking system shall be developed, we will
have in the proposed State a sufficient amount of capital to command the
direction of the bank; or, in other words, that there \v\\\ be in the State
[*27] more than *one-half the necessary capital to take all the stock that
will be offered in the market; and while I am not willing to confine the
subscribers to quite so narrow limits as the county, yet I am willing to
confine it to the boundaries of the State — that at least one-half of the
capital stock of our banks should be owned in the State. And while this
would afford facilities and opportunities for foreign bankers to come in and

100 CoxvEXTiox Proceedings and Debates.

invest, it would reserve to our own people the control of these institutions,
which I think essentially necessary for their welfare and the public good.
Althoug:h 1 do not profess to have much experimental knowledge of bank-
ing, yet from .a hasty view, I believe the proposition of the gentleman, as
amended by the committee, to be a good one, and I shall vote for it.

Mr. Wrigley's substitute for his amendment was rejected.

Mr. President Winchell. An argument has been made here with
reference to one point which does not seem to be covered by the section,
and \nth. reference to which I shall submit an amendment, with some doubt
myself, I confess, as to its propriety. But after some reflection, I tliink
action should be taken on it. I move to amend, by adding, "And shall,
at all times, be required to redeem their circulation in the city of Leaven-
worth, at a discount not greater than one per centum."

Mr. Graham proposed "Atchison" instead of "Leavenworth."

Mr. President Winchell. I insert Leavenworth as being the com-
mercial emporium of the Territory at present. I would be willing to leave
it to the Lesislature to say where the redemption shall take place — w^hether
at Leavenworth, or Atchison, or Lawrence.

The ChairtiIan. Would it not conflict with other matter in this report
(sec. 6) which covers that point?

]Mr. Winchell. I propose to add that they shall discount at a rate
not greater than one per cent, in the city of Leavenworth. The principle
has been adopted in \-arious States, as in the State of New York, with
this difference, that they are required in that State to redeem at a dis-
count not greater than one-fourth of one per cent.

Mr. Graham's amendment was rejected.

Mr. J. Blood proposed "Lawrence," which was rejected.

Mr. President Winchell. The object is to prevent the bill holders
from being ^•ictimized by the brokers. AVithout fhis, the people who
shall hold the money will not be able to use it without suffering a dis-
count on it of four or five per cent. The single object is to protect the
bill holder against any such extortion.

]Mr. Hutchinson. From my observation of the working of that system
it would be deleterious. The effect would be to create a species of mo-
nopoly, so that Leavenworth would carry her iron rule over the whole
Territory; and all the banks located elsewhere would become tributary
to them, and it would prevent the location of new banks. Now we do not
ask any such advantage. We want every bank to be placed on an equal
footing. The proposition would work well for Leavenworth, but not
for the remainder of the Territory.

Mr. McClelland. I think the gentleman from Osage has a good amend-
ment, from the fact that such a thing is necessary at that commercial
point. Persons going east with money on western banks, would not be
subject to the heavy shave which otherwise they might be compelled to
suffer.

Mr. President Winchell. Mr. Chairman, I desire to correct a mis-
understanding on the part of the gentleman from Douglas (Mr. Hutchin-
son). It is certainly not intended to create monopoly. It is to limit the
per cent, of profit. It is not obligatory on any bank to make an agency
in Leavenworth. The business might be done by any private banker, or
one in their own employ. The one per cent, will be sufficient compensation
for the work. It is too late to urge that this system is deleterious in its

Tuesday, July 12, ISoO. 101

[*28] effects. It has been proved salutary in other *States; and if in
the State of Xew York the discount is fixed at one-fourth of one per cent.,
it seems to me that one per cent, ought to be enough in Kansas. The
practical operation will be this: the notes of Manhattan will always be
redeemable in the city of Leavenworth at one per cent., and at other
points, as Atchison, Wyandotte, Lawrence, &c., at one and a half or two
per cent. — a very little greater than at Leavenworth — whither they will
be transmitted at a small profit on the transaction. Thus it will equalize
discounts, and bring all our liank notes as near to the condition of par
as possible.

Mr. J. Blood. I am surprised that such a proposition as this should
come from one who has manifested so much care for the rural districts.
It is a proposition that would make the whole banking interest of the
Territory tributary to Leavenworth. It would require every bank to keep
deposits at Leavenworth for the redemption of their money. It would
give the banks at Leavenworth at least two per cent, advantage over
those of the rural chstricts. And I think if the banks in the country were
required to discoinit at five per cent., it would be little enough. There are
some questions right in themselves, whilst the propriety of adopting them
may be doubtful. It is probable that the experience of other States has
shown that some such necessity as that indicated in this proposition exists.
But it is just as certain, in my judgment, that the commercial center of
this Territory has not yet been fixed. That center must be determined
by the laying out of the course of trade, by the location of the railroads,
and hues of internal improvement. And wherever that commercial centre
shall be, there vaW be the place where this currency should be established.

Mr. HrxcHiNSOX. The gentleman from Osage has convinced me that
the position I took was correct; that is, that under his proposition, every
other bank in the Territory must be compelled to pay tribute to Leaven-
worth. Now, what can be more necessary for the Bank of Manhattan,
for instance, for the purpose of enabling them to keep their currency at
par, than for them to keep in the confidence of the banking institutions at
Leavenworth? Let them pay tribute enough and all will be right. I
cannot characterize it better than to caU it a relic of the times when per-
sonal security was the rule, and not stock security. We must have a
better basis for our system than personal security — better than that to be
furnished by the mere pet confidence dependent on the caprice of in-
dividual corporations at Leavenworth. Let an interior corporation once
get the ill-will of Leavenworth, and with the great commercial power this
would place in their hands, they would throw out their circulation and put
it down in a week. It would be making every other bank established and
to be established in the State completely subservient to Leavenworth.

The amendment (Pike's Peak) was rejected.

Mr. PREsmEXT Wixchell. Mr. Chairman, I would suggest that if
it is considered that this is tying up the hands of the Legislature, "the
Capital of the State" might be substituted for "Leavenworth."

Mr. Bli'xt proposed "Wyandotte." (Xo second).

Mr. Porter proposed to strike out "Leavenworth," and insert, "at
some point to be fixed by law."

This was agreed to.

Mr. Graham. If I understand the amendment now, the notes are to be
redeemed at one per cent, discount. Sir, I come here as the friend of
the note-holders, and to guard their interests. It strikes me that, in prac-

102 Convention Proceedings and Debates.

tice, this will not benefit the note-holder. I am not in favor of making
banking institutions any more for the advantage of the speculator than
for the note-holder. I move to strike out "one per cent." and insert
"at par." i

[*29] *This was agreed to.

Mr. President Winchell. I move now, that the amendment be re-
jected, the object being defeated, which was to prevent the bill holder
from being victimized by the broker.

Mr. Ross made an ineffectual motion to reconsider the last vote.

The original amenthnent (Mr. Winchell's) was then rejected.

Mr. J. Blood. x\t the proper time, I shall propose to amend by way
of additional section, to this effect: "Sec. . No such general bank-
ing law shall have any force or effect until the same shall be submitted to
the electors of the State at some general election, and it shall have been
approved by a majority of the votes cast at such election."

Mr. Slough offered the following amendment to section 6th: Strike
out "Some convenient point within the State," and insert: "A place
within the State to be named on the bank notes issued by such banks, and."

Mr. Graham. All bank notes, on the face of them, say where they
are payable — at their banking house.

Mr. Slough. The point is to render the section clear — so that the
bill-holder may know where the bills are redeemed.

Mr. President Winchell. I would suggest to the gentleman whether
it would not be better to add: "At some convenient place in the State."

Mr. Slough. I have no objection. I accept that.

Mr. Blunt offered the following amendment:

"All banks shall be required to keep their officers and offices for the
issue and redemption of their circulation at some point in the county in
which such bank may be estabhshed."

It was rejected.

Mr. BuRRis offered the following:

"I move to amend section 6th by inserting the words "at par" between
the word "circulation" and "at" in the 2Sth line."

It was also rejected.

Mr. Crocker offered the following amendment:

Add these words: "All [at] the capital of the State of Kansas and such
other points as the Legislature may direct.

Mr. President Winchell. I see a difficulty in this. It would in eftect
require the bank to issue and redeem its notes at the capital — to keep a
bank at the capital, besides its own banking house.

Mr. Crocker. It is only an office of redemption; but I withdraw it. I
see the discrepancy.

The original section was then agreed to.

Mr. J. Blood withdrew the additional section he had read.

Mr. Greer offered the following as an additional section:

Sec. 7. No banking institution shall issue bills of a less denomination
than five dollars.

Mr. Parks moved to strike out "five" and insert "ten."

The amendment was rejected.

Tuesday, July 12, 1859. 103

Mr. President Winchell moved to strike out all after the word
"bills." (No second).

Mr. Winchell. I wish merely to say, that there have been several
things destroyed here by making amendments that have destro^^ed their
effect, and I thought I would see how it would work on the other side. I
withdraw the amendment.

Mr. Hutchinson moved to lay the amendment of Mr. Greer, of Shaw-
nee, upon the table. The motion was rejected, and the question recurring
on the original section of Mr. Greer, it was adopted.

Mr. Winchell moved to add the following:

Sec. 8. No bank organized under these ])rovisions shall loan money at
a higher rate of interest than fifteen per cent, per annum.

Mr. Stinson. I think the gentleman from Osage has turned against
banks. No man will invest his capital in this Territory when he can get
thirty per cent, for it outside.

[*30] Mr. President Winchell. I have no expec*tation, Mr. Chair-
man, that the section will carry. I have seen a disposition on the part of
the people to submit to these extortions. The rates of interest convince
me that they will submit. But I desire to take the true position — to keep
down the rate of interest to the standard of business on borrowed capital.
At the rates now demanded, no man can do a legitimate business. The
effect is to limit borrowing money to speculators.

Mr. J. Blood. I think that it is a proper subject for legislation, and
should be left to the Legislature. As I suppose it will be provided that
any banking law passed by the Legislature shall be submitted to the people,
I am opposed to this being inserted in the Constitution.

The proposed section was rejected.

Mr. Wrigley submitted the following:

"Sec. 9. No bank shall be allowed with less than fifty thousand dollars
capital."

It was rejected.

Mr. McDowell offered the following:

"Sec. . No debt can be paid by the issues of foreign banks, and

the Legislature shall authorize the creditor in all cases to recover by suit
any indebtedness notwithstanding he may have received the amount thereof
from his debtor in such foreign bank bills."

Mr. McDowell. The object is to prevent the circulation of foreign
bank notes in this State. I am satisfied that this object cannot be con-
summated by any ordinary act of the Legislature, prohibiting such cir-
culation under a money penalty. I have seen legislation of that sort in the
State of Ohio. It became a dead letter. My experience is, that the great
majority of note-holders who suffer from the rottenness of banks, are those
incurred by losses in notes of banks outside of their own State. It is to
prevent this, that I have introduced this section. And it seems to me it
strikes at the root of the thing; because no man, if he be sued for indebted-
ness (which) he tries to cancel by foreign bank bills, will risk the putting
out of such bills.

Mr. J. Blood moved to insert after the words "foreign banks" the words
"of a less denomination than five dollars."

Mr. J. Blood. That is to place the foreign banks on the same footing
with our own. Without some provision that shall exclude the note^ of

104 Convention Proceedings and Debates.

foreign banks, I think their notes of various denominations will be sent in
upon us to make up the want of small notes, the issue of our banks.

The amendment was adopted: and the question recurring on the amend-
ment of Mr. McDowell as amended, it was also adopted.

Mr. Graham. I move a reconsideration of this vote. Certainly gentle-
men cannot intend to introduce a proposition to kill the whole system. Let
us not authorize a system of banking, and then put into the Constitution
a provision that will utterly defeat that object. This new section is en-
tirely foreign matter and should be voted down.

The motion to reconsider was agreed to, and the question recurred on
the adoption of the section.

Mr. Stinson moved to insert the word "ten" instead of "five": but —

On the motion of Mr. Graham, the section and amendment were laid
on the table.

On motion of Mr. McClelland section 7 in the report was changed to
section 8.

Mr. McDowell offered the following to be added to the report:

Sec. . No bank shall be allowed to loan or deal in the notes of

any foreign bank."

It was rejected.

Mr. Blood moved that the following section be added:
"Sec. 9. No such general banking law shall have any force or effect until
the same shall have been submitted to a vote of the electors of the State
at some general election, and been approved by a majority of all the votes
cast at such election."

It was adopted.

On motion by Mr. Slough the committee then rose, and the Chairman
[-31] reported the ^foregoing amendments, recommending their adop-
tion by the Convention.

On motion by Mr. Si>ough it was ordered, that the report and amend-
ments be now considered section by section.

corporations.

The first section of the corporation chapter was adopted.

The second section, as amended in committee of the whole, having been
read by the Secretary —

Mr. Thacher moved to restore the words stricken from the amended
section on the motion of Mr. President Winchell, viz: "Irrespective of' any
benefit on account of any improvement by such corporation."

Mr. Thacher. Mr. President, it appears to me that this act of strik-
ing out the words mentioned in my motion was somewhat hasty. We find
this provision incorporated in the Constitution of the State of Ohio. The
same salutary and wise provision is found in the Statutes of New York.
When the Erie Canal was constructed through that State, the canal ap-
l)raiscrs were instructed to take into consideration the advantages of the
canal to those whose lands it was to pass through. The consequence was
that many a man had his farm well nigh ruined, and was compelled to
make the contribution to the general welfare without compensation. It
is known that it is almost impossible to find a jury willing to assess honest,
bona fide damages in such cases. If it should be proposed to build a rail-
road through any of our beautiful valleys, and send the iron horse careering

Tuesday, July 12, 1859. 105

through the land, the whole community would be alive with excitement
and demonstrations of joy. The private losses of the few whose property
is taken for the corporate use, would be carelessly brushed from the public
view by the enthusiasm of the many, who are to reap rich benefits from
the improvement. If now, one of these few men should ask most any jury
of men of like passions with ourselves, who are among those receiving the
advantages of this improvement without any sacrifice, they will, if they
are to take into consideration the benefits flowing from the proposed im-
provement, under the excitement of the moment, render merely nominal
damages; and hence you tax the property of one man for the benefit of
those whose property is not taken. You take private property without
compensation for the use of a corporation and for the benefit of the
neighbors of the sufferers. In the State of New York they were compelled
to make the provision, that in assessing damages the jury shall not con-
sider the advantages of the improvement of the individual. And the same
thing has been done in Ohio. The improvement, say a railroad, does not
so much benefit the man through whose property it passes, as it does the
man near by, through whose soil it does not pass. The man whose farm is
a mile frorn the railway is benefited incomparably more than he whose
fields are plowed up and disfigured by the track. Hence I insist that the
Convention should not inflict this wrong upon the rights of property in
the fundamental law. If one man's property may be taken for the benefit
of the community, as well might the whole community be taxed for the
benefit of the individual; since the corporation confers the same benefits
upon the whole it does upon the one — compensation; which is a principle
that no man will concede.

The amendment was agreed to — the words restored; and so the section
was passed.

Sections 3, 4, 5 and 6, as reported from the committee of the whole,
were also adopted.

BANKING AND CURRENCY.

The first section of this chapter, as reported from the committee of the
whole, was read by the secretary and adopted.

The second section having been read —

Mr. Graham. Mr. President, I move an amendment, to insert and
restore the words "several States" to the place in this section whence they
were stricken out. I make this motion as I profess to be here for the pur-
[*32] pose *of guarding the interests of the note-holder, in order that
he may be sure, when he gets a dollar bank note in his pocket that he has
got the equivalent of a gold dollar. It strikes me, sir, that in striking out
of the recommendation of the committee on banking and inserting "only
the bonds of the State of Kansas and the United States," you have opened
a door that will result in the overflow of the circulation of your money in
the new State. If I were representing my incUvidual interests here, I
would have no objection to its being passed in this shape. For I think I see
the object, and the pressure outside brought to bear for this purpose, and
its bearings, outdoors, leading on to peculations and fraud. I have never
witnessed anything more evident. It is proposed to make the stocks of
Kansas and the United States the basis of banking. The stocks of the
State of Kansas cannot exceed $100,000. Cannot every one see at once
how this will be managed by the bankers? They can go into the market
and buy these bonds at some forty or fifty cents on the dollar — buy them
up for "the purpose of banking. They get hold of these half milUon of
bonds for about .$250,000. Thev will put all the stocks of the State of

106 Convention Proceedings and Debates.

Kansas into the hands of two or three individuals, and they will start
for Leavenworth, or God knows where; for they have these bonds for the
especial purpose of speculators (speculation). Then others of them go into
the New York market — one goes to the brokers in Wall street, another into
Pearl street. Each of them has a thousand dollars, and thus take care to
ring to every man on 'change: "I want to purchase bonds of the State of
Kansas." He is answered: "What will you pay for Kansas bonds?" And
the first is instructed to say, "Ninety-eight cents on the dollar:" and so it
goes upon the record that 98 cents is the cash value of Kansas stocks. They
then come right here and deposit their securities with the auditor, and
issue their bank paper — two dollars for one that it has cost them. They
go to work and keep up the par value of their stocks as long as it suits
their convenience — it may be one, two, or three years. They control the
par value of these stocks in the New York market, because they have the
whole in their hands. But when they shall have got a sufficiency to
satisfy their craving appetite for gain, and shall have got their bank notes
into the hands of the people, it \\\\\ be to their interest, perhaps, to let
them go down. They will then rush $15,000 to $20,000 of your State
stocks into the market, where they will find perhaps, no purchasers for
more than 48 or 50 cents on the dollar, and in less than 48 hours they
will go down to that figure in the stock reports. The Auditor or Comp-
troller will then call on these bankers — as it might be upon my friend,
Mr. Kingman, here — and say to him, "Sir, your bank circulation has gone
down, and you must increase your deposits." Mr. Kingman will reply:
"I am sorry to tell you, Mr. Auditor, that I have not yet got the bonds."
The Auditor will say again to him: "Then, sir, I must withdraw a portion
of your circulation," and Mr. Kingman will tell him again: "I am very
sorry to say, that I cannot get that circulation for you: it is all out
among the people." And then, sir, there will be parties going round and
buying in this circulation at 50 cents on the dollar. Only half the circula-
tion is redeemed — and the other half is lost to the note-holders, for the
benefit of speculators. Now, sir, to obviate such a result, we propose to
base your stock bank issues on the mixed stocks of the United States and
of the several States — as Kansas, Missouri, Ohio, Pennsylvania, New York,
&c. We propose this, because no one, two or three individuals can buy up
all these various State stocks and control their value in the market of the
world. There is no two or three individuals that can get hold of the 20
millions of Missouri stocks, nor the 40 millions of Pennsylvania stocks, so as
to make them available for mere speculating purposes. Thus we will
have a perfect security, that we cannot be operated upon by designing
men. Sir, we have a high public duty devolved upon us here, as repre-
[*33] sentatives of the people in *this Convention. We come here to
guard their interests — to make a Constitution for the people, and not for
individual speculators and bankers. It strikes me that this duty is so
imperative, that every lover of liberty will discharge it here, even though
it were to result against himself and his own pocket. I am of the opinion,
that on comparing views, we shall be able to get such an instrument
framed, as may be justly regarded, not only by ourselves but by our
posterity, as the sheet-anchor of our liberties. We are legislating for the
organization of a government for the new State of Kansas — a State wliich
has lately passed through a struggle for human freedom, which the his-
torian will place side by side with the events of 1776; Why, then, should
we not carry out those principles which the true men of Kansas contended
for on all our i)hiins in many well-fought battles. Sir, let us look a^
things as they are: and when we see our old enemy here, for the purpose

Tuesday, July 12, 1859. 107

of bringing our action into disrepute among the people, let us watch them.
We ha\'e here pro-slavery men, men who have legislated for us for years
under the Territorial organization, and passed laws for us, of which their
own partisan leaders have said, ihey were not only a disgrace to the men
that enacted them; but the history of the world did not present such a
batch of laws. I say, we have these men amongst us here; and the Re-
publicans here being responsible for the action of tliis body, I hope they
will look at these things as statesmen, see the importance of the respon-
sibihty we are placed under, and act accordingly.

Mr. KixGMAX. Mr. Prest., this is certainly a very important, and at
the same time a very delicate question. When we depart, at any time,
from that standard of value, which by common consent has been selected
as the measure of values — gold and silver — we enter upon a sea rather of
experiment and speculation than of settled poHcy. But the science of gov-
ernment wdth reference to banks of issue has come to no settled conclu-
sions. It would seem, that however impracticable they may have been,
yet in their workings they have been in the main, satisfactory to the com-
mercial and business world; and almost all civilized communities have
provided sources of currency other than those universally accepted as the
measure of values. Therefore, when we attempt to introduce our views
upon this matter, we should approach it without pohtical and partisan
feelings, other than those of political philosophers desirous of adopting as
between a choice of evils, that system which shall prove the least injuri-
ous. We should guard against defects of the banking system as much
as possible; and I submit, whether, if personal and political questions are
suffered to enter largely into our deliberations, they will not prevent us
from arriving at just conclusions. The gentleman from Atchison (Mr. Gra-
ham) says he has witnessed an improper outside pressure and wire-work-
ing here in connection with this question, and warns the Convention and
the country to look out for fraud and corruption. Now, sir, I protest that
I have not one dollar in my pocket, and I submit to the gentleman him-
self, and ask him to declare, what he has seen in my conduct to authorize
him to assume that this amendment had its inception in fraud?

Mr. Graham. I said it was opening a door to fraud. I said that with
reference to the amendment made in committee of the whole — that it was
opening a door to fraud.

Mr. Kingman. I am not ver>' sensitive, Mr. President. My honor
takes care of itself. I understood the phraseology of the gentleman as
looking toward the representative of Brown county, and thought, per-
haps, it was due to that people that an explanation should be had. I did
not feel that it was due to myself. But there is another class of personal
considerations which should not be indulged in connection with this subject
to which the gentleman referred. It seemed to be announced by him, that,
while on one side of the house we were opening the door to fraud, on the
other side — the gentlemen on that side, of course — are here as the peculiar
[*34] friends and protectors of the bill holder. I *trust the gentleman
is not alone in this feeling, and that he does not Seriously mean to claim
that all who differ from him are friends and favorers of speculators. For
my part, sir, I do not know one man of that class in this bod}^; but, if
we want to protect the note holder, two things are necessarv': the first is
the security of the bases of the bank, and to that the gentleman's atten-
tion seems to be entirely directed. He does not seem to see at all the
other thing; just as important as this; and that is, immediate convertibility.
It is of no conseciuence to me to know that I hold a ten dollar bill, which

lOS CoxvENTiox Proceedixgs and Debates.

I may have received as my wages, that I know it will in six months be
convertible into gold and silver, if my family need it for bread to-morrow.
I believe, sir, that nothing of this kind can be secured by any free banking
law. But because the system I would desire is impracticable for Kansas
because we have not the capital — therefore I am for the best system to
secure a currency to meet our growing wants — that shall advance the in-
terests of our conmierce and agriculture, and shall at the same time secure
the bill holder nearly as well as though he held it in the assurance of im-
mediate convertibility, and I find that in the amendment as reported by
the committee of the whole to this house. We have adopted as the basis of
our banking the stocks of the United States first. No one can doubt that
they are secure and immediately convertible. The same security will not
appertain to the stocks of Kansas and the adoption of Kansas bonds as a
Ijasis. But then, it should be remembered that Kansas is beginning to be,
not a mere dependent Territory, but the centre of a great commercial peo-
ple. We want to make a demand for those bonds, from year to year, as
necessity shall require for loaning, by making the sole basis of our banking
to consist in State stocks, thus intertwining the interests of the bond-holders
and the bill-holders and tax-payers. It is such views as this (and not the
mere talk of being the peculiar friend of the note holder) that I desire to
see elaborated here. Sir, this scheme, if carried out, will not prove im-
practicable, in my judgment. So great will be the demand for our bonds,
in connection with our growing trade, that they will be sought for at prices
above par. But let us tread cautiously in this matter, and from year to
year, from season to season, we shall see our bonds above par, our money
made safe beyond the reach of the speculators and brokers — beyond the
reach of the men in Wall street and State street — safe, I hope, sir, beyond
the contingency of depreciation. All the great interests of this world are
not subject to State street nor to Wall street, although I acknowledge their
power. The "bulls and bears" may do very many things, and exert a very
extensive influence, but the time will come when the men of Wall street
will be subordinated to the great commercial power that shall grow up in
'The centre of this great valley. Let us have a system of currency that
shall make our new prairie State the most wealthy and independent, as it
is now the most desirable region on the globe. And this, Mr. President,
can only be done by a well-conceived and wisely sustained system of In-
ternal Improvements.

Mr. Thacher. Mr. President, there are two radical defects in the
l^roposition as it now stands before the body. The first is patent on its
very face. It contemplates that the State shall plunge into debt to an
amount sufficient for all the banking facilities we shall require; and I do
hope and pray that the State of Kansas may not be §50,000 in debt at any
time. Yet to-day, had we a banking system, a currency for the people of
le.'^s than a quarter of a million would not suffice. Under no circumstances
would I consent to encourage a system which contemplates the saddling
upon the new State a debt, the ultimate fragment of which will have to be
fastened upon our ]iosterity. My friend from Brown (Mr. Kingman)
with an eloquence peculiar to himself, has expatiated on the thrift and
l)rogress of the new State, and predicated upon these an idea upon
which we may bank. I proudly believe that this State of Kansas will be
one of the wealthiest in this Union; but I believe that will come in con-
sequence of a wise and healthy and sustained development of our in-
ternal resources. I say, our prosperity in Kansas is not predicated on a
[*35] *public debt. Our friends in the new State of Minnesota took
this view of the gentleman from Brown, and what was the consequence?

Tuesday, JrLV 12, 1859. 109

Those railroatl bonds which were issiietl in defiance of law, proved a load
business; and the bank notes predicated on these bonds are not really
worth the paper. I say again, this proposition proceeds and bases itself
upon an assumption of the advantages of a public debt. But my friend
says, we have United States stocks also. I admit it. But if a spirit of
economy should come over the government of the United States, as I trust
it will, the stocks of the United States will at once disappear. But they are
used because they are considered safe; and they are always worth from
S1.06 to SI. 10 and vou would compel the banker to pay SllO for every
SlOO he would get in debt!

I repeat, sir, the first defect of the system is, that it rests on a public
debt: and the second defect ignores the true banking basis, which is as well
established as any law of commercial life, and that is, the interest-paying
stocks of the States. There is not a State in the Union whose banking
basis is interest-paying stocks, but whose banks are perfectly good. There
is the State of Illinois — her banks are based on interest-paying stocks; and
during the revolution which swept over the country two years ago, when
so many banks were compelled to go to protest, all the bills of those banks
were worth a premium in the streets of Chicago, because their State stocks
being thrown into the market brought their value, and the bill-holder was
more than secure. So the principle has been established, that interest-
payins; stocks offer a sound and legitimate basis of banking. Hence, if we
are to have banking at all, let us avail ourselves of that safe principle
which has been estabhshed in the experience of all the States, and not take
the venture of confining ourselves to our own stocks. For I believe the
latter principle to be radically wrong, and I would remove all temptation.
I would never have one single bond of the State of Kansas issued for any
purpose whatever.

We have been cited to ^•arious ruinous results of banking, but have they
not grown out of inefficiency in the systems — as in the cases of the general
free banking system of Indiana, and the safety-fund system of New York"?
There is a safe and legitimate sj'stem of banking, and an unsafe and ficti-
tious system. The safe system is based on interest-paying stocks; the
fictitious system is based on personal security, or something of the kind — a
principle in banking and currency which I hope never to see saddled upon
the State of Kansas.

I like that in the report which provides for the submission of the Bank-
ing law to the people. It is therefore u.seless to bind up the Legislature
with rigid pro\isions, since the people are to pass upon the wdiole question.

Mr. Graham demanded the ayes and nays on the question of liis amend-
ment, and the vote being ordered and taken, resulted, yeas 29, nays 20 as
follows :

Yeas — Messrs. Burnett, Brown, Burris, J. Blood, N. C. Blood, Crocker.
Button, Forman, Graham, Greer, Griffith, Hippie, Hanway, Hoffman, In-
galls, Lillie, Lamb, Middleton, May, Moore, INIcCulloush, Porter, Ritchie.
Stokes, Thacher, Townsend, Wrigley, T. S. Wright, Williams.

Nays — Messrs. Arthur, Blunt, Barton, Foster, Hubbard, Hutchinson.
Houston, Kingman, McDowell, McCune, McClelland, ]\IcCulloudi, Pres-
ton, Palmer, Parks, Ross, Signor, Slough, Stinson, Stiarwalt, Simpson.

So the amendment was allowed.

Mr. J. Blood. I propose to amend further by striking out all except
the first and two last sections, and insert these words: "The Legislature
shall have power to pass a general banking law, with such restrictions as
they may see proper for the security of the bill-holder."

110 Convention Proceedings and Debates.

The President ruled this amendment to be out of order.
The second section, as amended, was then adopted.
The third section was read and adopted.
The fourth section having been read by the Secretary,
Mr. Kingman moved to strike out the words "of the United States."
Mr. Graham. Mr. President. I am opposed to that. I am no lawyer,
but I suppose it will be held in any commercial court, and I think it is
legal, that money is the gold and silver coin of this country, France, Eng-
land, Germany, ttc, and this is not all legal currency of the United States.
It strikes me that we ought to confine these banks, and compel them to
deal with the people as you and I are compelled to deal with each other —
[*36] give them no power to tyrannize over a man *when he goes to their
counter and asks for nothing but his just dues.

Mr. Kingman's amendment was rejected, and so the section was
adopted.

Sections 5 and 6 were adopted without a di\'ision.

Section 7 coming up, Mr. Slough demanded the yeas and nays, which
resulted — yeas 36, nays 13 — as follows:

Yeas — Messrs. Arthur, Bhmt, Brown, Barton, Burris, Button, Forman,
Graham, Greer, Griffith, Hippie, Hubbard, Hanway, Houston, Ingalls,
Kingman, Lamb, Middleton, May, ]\loore, McDowell, McCune, McCul-
lough, Preston, Palmer, Parks, Porter, Ritchie, Ross, Signor, Slough, Stin-
son, Stiarwalt, Simpson, Wrigley, T. S. Wright.

N.\YS — Messrs. Burnett, J. Blood, N. C. Blood, Crocker, Foster, Hutch-
inson, Hoffman, Lillie, McClelland, Stokes, Thacher, Townsend, Williams.

So the 7th section was adopted.

The Convention took a recess till 3 o'clock p. m.

AFTERNOON SESSION.

Tuesday, July 12.

Mr. Stinson (the rule being suspended for the purpose) submitted .i
resolution which was adopted, inviting the Hon. Marcus J. Parrott to a
seat within the bar of the Convention.

And accordingly, the Sergeant-at-Arms was directed to execute this
order.

BANKING.

The Convention resumed the consideration of this chapter of the report
of the committee on Corporations and Banking, as amended in Conmiittee
of the Whole, and the 8th and 9th sections thereof were read through by
the Secretary and adopted without a division.

Mr. Slough moved that this r('])ort, as amended, be referred to the
Committee on Arrangement and Phraseology, and printed.

Mr. J. Blood. Mr. President, I submit the following amendment to the
report :

"Strike out sections 2, 3, 4, 5, 6, and insert the following:

" 'The Legislature shall have power to pass a general banking law, with
such restrictions as they mav deem expedient and proper for the security
of the bill holder.' "

I make this motion, sir, for a special reason — principally, because I

Tuesday,, July 12, 1859. Ill

Think we are legislating more than is proper in a Constitution. Then the
provision proposed to be stricken out, I regard as improper and injurious.
If we establish a system of banking, it should be a secure one. I object
also to discrimination against our own banks, and in favor of the banks of
other States, in the provision excluding bills less than $5 of our own banks,
whilst all foreign small bills are allowed to circulate. I also object to mak-
ing the banks in the different parts of the State tributary to any place
where capital may be concentrated, requiring banks in remote parts of the
State to submit to an unequal provision. And I think, if the Legislature
is required to submit the banking law to the people, they will be likely to
throw around it sufficient restrictions. I am anxious to have the sincerity
of gentlemen who profess to be in favor of a sound banking system started
— particularly those who are anxious to protect the interests of the in-
terior counties, and I give notice that when the time comes to vote on my
amendment, I shall demand the yeas and nays.

The PREsmEXT. There is a motion to commit the report, and unless
the gentleman from Leavenworth withdraw until his motion is disposed
of, the chair cannot entertain the motion of the gentleman from Douglas.

Mr. Slough. If it is the wish of the Convention to open the question
again, I will withdraw. I will do it anyhow, as a matter of courtesy.

The President then entertained Mr. Blood's amendment.

Mr. Houston. Mr. President, there is a grave question for considera-
[*37] tion at this *moment. After we have gone through and attempted
TO guard this matter as well as we can, here comes a motion to lay the
whole thing open again to the previous results connected with the pro-
ceedings of a legislative body. Ever>- man must know that it must be al-
most to give up the system, to make it an uncertainty. It seems to me
that our constituents will not be satisfied with such a conclusion. They
will say that Legislatures are sometimes corrupt — that they have been so —
that partisan and selfish influences may work in the Legislature, and great
mischief result. It does seem to me, however, that we have got up a party
for reform in this territory', that men cannot work round ^\•ithout trouble.
But they cannot work round us so easily as might the Legislature.

Mr. J. Blood. There is a provision now in the report, for the submis-
sion of any banking act to the people, which, I think, a sufficient guard
against hasty or corrupt Legislation.

Mr. Houston. I would say, with all defiance [deference] to the gentle-
man, that I have learned that the great mass of men in the rural districts,
and even in the towns, give to the banking laws of the country but little
consideration. Let fifteen or twenty thousand dollars be put into the hands
of suitable agents, to be used in the canvass when a banking law is to be
passed and submitted, and an influence will be brought to bear that will
hurry through the bill, and then let speakers go through the rural dis-
tricts, and measures might be ratified by the people, that would prove
exceedingly injurious. The people would vote without consideration. And
I say, whilst we are here for the purpose of making a Constitution, let
us place all the guards we can around our banking system. I am Democrat
enough to go in for the submission of laws to the people, but still I want
all the restrictions we can get around the system. We have already given
up much that we wanted in the way of restrictions. We wanted the
bank notes restricted to ten dollars, but S5 being the best we could get, we
accepted that, and I would rather allow them to issue five cent bills than
to give up the safe-guards we have now secured. We have given up the

112 Convention Proceedings and Debates.

confining of a majority of the stockholders to the county. We have given
up the exclusion of the stocks of other States. And now, it seems to me,
that if bankers desire to do a legitimate business they can do so under
this management. I do not want to allow them to go to the Legislature.

The yeas and nays being demanded ordered and taken on the adoption
of the amendment, the vote stood — yeas 16, nays 31 — as follows:

Yeas — Messrs. Arthur, Burnett, J. Blood, N. C. Blood, Hutchinson,
Hoffman, Kingman, Lillie, McCullough, Preston, Ritchie, Ross, Stinson,
Simpson, Thacher, Townsend — 16.

Nays — Messrs. Blunt, Brown, Barton, Burris, Crocker, Button, Foster,
Forman, Graham, Greer, Griffith, Hippie, Hubbard, Hanway, Houston,
Ingalls, Lamb, Middleton, May, Moore, McDowell, McCune, McClelland,
Palmer, Signer, Slough, Stiarwalt, Wrigley, T. S. Wright, Williams — 31.

So the amendment was rejected.

On motion by Mr. Slough, the report, as amended, was referred to the
Committee on Arrangement and Phraseology, and ordered to be printed.

LEGISLATIVE DEPARTMENT.

On motion by Mr. Thacher, the general order of reports from Standing
Committees was taken up.

Mr. Thacher, from the committee on the Legislative Department,
submitted the following report:

"Section 1. The Legislative power of this State shall be vested in a
Senate and Assembly.

Sec. 2. The first Assembly under this Constitution shall consist of
seventy-five members who shall be chosen for one year. The first Senate
under this Constitution shall consist of twenty-five members who shall be
[-38] chosen for two years. After the first election under this Consti*tu-
tion the number of Senators and members of the Assembly shall be regu-
lated by law, and in all apportionments there shall be established single
Senatorial and Assembly Districts, such districts shall be bounded by
county, town or ward lines, consist of contiguous territory, and be in as
compact form as possible. Until the Legislature makes a new apportion-
ment and changes the number of the members of the Assembly and Sena-
tors, the number and apportionment shall be according to the provisions
of this section.

Sec. 3. The members of the Legislature shall receive as compensation
for their services the sum of three dollars for each day's actual service
at any regular or special session, and fifteen cents for each mile traveled
by the usual route in going to and returning from the place of meeting,
but such compensation shall not in the aggregate exceed the sum of two
hundred and forty dollars for each member as per diem, allowance for the
first session held under this Constitution, nor more than $150, as per diem
allowance for each session thereafter, nor more than $90 as per diem allow-
ance for any special session.

Sec. 4. No person shall be ehgible to the office of member of the
Assembly or Senate who is not at the time of his election a qualified voter
of and a resident in the district for which he is elected.

Sec. 5. No person being a member of Congress or holding any office
under the United States shall be voted for or hold -a seat in the Legisla-
ture. If any person after his election as a member of the Legislature be
elected to Congress or appointed or elected to any office under the United
States, his acceptance thereof shall vacate his seat.

Tuesday, July 12, 1859. 113

Sec. 6. No person hereafter convicted of an embezzlement or misuse
of the public funds shall hold office in this State, nor shall any person
holding public money for disbursement or otherwise, have a seat_ in the
Legislature until he shall have satisfactorily accounted for and paid such
money into the Treasury.

Sec. 7. All officers of this State before entering upon the duties of
their respective offices shall' take and subscribe an oath or affirmation to
support the Constitution of the United States, the Constitution of this
State, and faithfully to discharge the duties of their respective offices to
the best of their ability.

Sec. 8. A majority of each House shall constitute a quorum to do
business. Each House shall determine the rules of its own proceedings,
except as hmited by this Constitution, and shall be the judge of the elec-
tions, returns and qualifications of its own members. The Senate shall
choose a temporary President when the Lieut. Governor shall not attend
as President or shall act as Governor.

Sec. 9. All vacancies which may occur in either House shall be filled
for the unexpired term by election, as shall be prescribed by law.

Sec. 10. Each house shall keep and publish a journal of its proceed-
ings. The yeas and nays shall be taken and entered immediately upon
the journalupon the final passage of every bill or joint resolution, and
may be demanded and shall be entered upon the journal on any question
at the request of three members. Neither house, without the consent of
the other, shall adjourn for more than two days, Sundays excepted.

Sec. 11. Any member of either house shall have the right to protest
against any act or resolution thereof, and such protest and the reason
thereof [therefor] shall without delay or alteration be entered on the
journal.

Sec. 12. Bills may originate in either house, and all bills passed by one
house may be amended or rejected by the other.

Sec. 13. A majority of all members elected to each house, voting in the
affirmative, shall be necessary to pass any bill or joint resolution. All
bills and joint resolutions so passed shall be signed by the presiding
officers of the Senate and Assembly, and be presented to the Governor,
[*39] *within two days after being signed, for his approval.

Sec. 14. Every bill passed by the Senate and the Assembly shall, be-
fore it becomes a law, be presented to the Governor; if he approve, he
shall sign it; but if not, he shall return it with his objections to the house
in which it shall have originated, who shall enter the objections at large
upon its journal and proceed to reconsider the bill. If after such recon-
sideration two thirds of the members elected shall agree to pass the bill
it shall be sent with the objections thereto to the other house, by which it
shall likewise be reconsidered; and, if approved by two thirds of all the
members elected it shall become a law. But in all cases the votes of
both houses shall be determined by yeas and nays, and entered upon the
journal of each house respectively. If any bill shall not be returned
within three days, Sunday excepted, after it shall have been presented
to the Governor, the same shall be a law in like manner as if he had signed
it, unless the Legislature by its adjournment prevent its return, in which
case it shall not be a law.

Sec. 15. Every bill shall be read on three successive days in each house,
unless in case of emergency. Two thirds of the house where such bill is
pending may, if deemed expedient, suspend the rules, but the reading of
a bill by sections on its final passage shall in no case be dispensed with.

Sec. 16. No bill shall contain more than one subject, which shall be

8 — 778

114 Convention Proceedings and Debates.

clearly expressed in its title, and no law shall be revived or amended,
unless the new act contain the entire act revived, or the section or sections
amended, and the sections so amended shall be repealed.

Sec. 17. In all cases where a general law can be made applicable, no
special law shall be enacted.

Sec. 18. The Legislature shall never authorize any lottery, nor grant
any divorce, nor confer banking privileges upon any corporation, except
as is provided in tliis Constitution, nor pass any law, directly or indirectly,
authorizing the suspension of specie payment, by anj^ power, corporation
or association issuing bank notes of any description.

Sec. 19. The Legislature shall have the power to prescribe the time
when its acts shall be in force and to publish the same. It shall have the
power to provide for election or appointment of all officers, and the filling
of all vacancies, not otherwise provided by this Constitution.

Sec. 20. The enacting clause of all bills shall be "The people of the
State of Kansas represented in Senate and Assembly, do enact as follows,"
and no law shall be enacted except by bill.

Sec. 21. The Legislature may confer upon tribunals transacting the
county business of the several counties, such powers of local legislation and
administration as it shall deem expedient.

Sec. 22. For any speech or debate in either house the members shall
not be questioned elsewhere. No member of the Legislature shall be sub-
ject to arrest, except for a felony or breach of 1he peace, in going to or
returning from the place of meeting, or during the continuance of the
session, neither shall he be subject to the service of any civil process during
the session, nor for fifteen days previous to its commencement.

Sec. 23. The first Legislature under this Constitution shall provide
by law that all stationery required for the use of the State and all printing
required by it to be done for its use or the use of the State, shall be let
by contract to the lowest bidder with good security; but the Legislature
may establish the maximum price. No member of the Legislature or
State officer shall be interested, directly or indirectly, in any such contract.

Sec. 24. All bills for the raising of revenue shall originate in the
Assembly, subject to amendment and rejection by the Senate as in other
cases.

Sec. 25. All sessions of the Legislature shall be held at the State
[*40] Capitol and all regular ses*sions shall commence on the first Tues-
day of January, of each year.

Sec. 26. The Legislature shall provide for taking an enumeration of
the inhabitants of this State at least once in fi\'e years. — The first enumera-
tion shall be taken in a. d. 1S61.

Sec. 27. The Legislature shall have the sole power of impeachment.
All impeachments shall be tried by the Senate, and when sitting for that
purpose, the Senators shall take an oath to do justice according to the
law and the evidence. No person shall be convicted without the concur-
rence of two thirds of all the Senators elected.

Sec. 28. The Governor and all other ofiicers of this State shall be
subject to imjieachment for any misdemeanor in office, but judgment
in such cases shall not be extended further than to removal from office and
disqualification to hold any office of profit or honor or trust under this
State, and the party whether acquitted or convicted shall be liable to
indictment, trial, judgment and punishment accordino; to law."

On motion by Mr. Slough, the reading was dispensed with, and it was
ordered to be referred to the committee of the whole. And on his further

Tuesday, July 12, 1859. 115

motion, the convention resolved itself into committee of the whole — Mr.
Stiarwalt in the chair — and took up the consideration of this report.

On the motion of Mr. Kingman, it was agreed to consider the report
by sections.

Section 1 having been read by the Secretary —

Mr. LiLLiE moved to strike out the word "Assembly," and insert
"House of Representatives" in its place: which was agreed to.

Section 2 having been read by the Secretary —

Mr. Blunt moved, that wherever the word "Assembly" occurs in the
report, it be su])plied by "House of Representatives."

Mr. Thacher. Probably a majority of the Committee and the Con-
vention are accustomed to the use of "House of Representatives," yet I
am confident that "Assembly" is a shorter and better term and there-
fore the committee employed it. I have no serious objection to the other
wording; but in making the change gentlemen will find themselves fre-
quently running into the same difficulty which the gentleman from Ander-
son begins to see.

Mr. Blunt's amendment was agreed to.

Mr. Slough. Mr. Chairman, I move to strike out the word "seventy-
five" in the first line, and insert the word "fifty" for the number of m.em-
bers of the House of Representatives.

Mr. Thacher. Mr. Chairman, that is a direct blow at the smaller
counties. The object in making the House of Representatives so large
is, to get a fair representation for every county in the State. The com-
mittee desired to give every county at least one representative.

Mr. Slough. Mr. Chairman, I am informed that the committee on
apportionment have not yet had a meeting. My reason for making the
motion is this: one of the heaviest expenses of a State government is the
legislature; and if you make that body numerous, it will be a heavy
expense. Fifty members of the House of Representatives for Kansas
will answer every purpose for years to come. This, together with the
number who ought to constitute the Senate, would make 75 members.
As far as the representation of each county by its own representative is
concerned, it would be desirable if it did not involve expense. But it
seems to me that there would be less difficulty in one man representing a
plurality of counties, than in cutting the larger counties up into separate
representative districts and making antagonistic interests in the same
county. We should come as nearly as possible to the object for which
[*41] we are called here — to make a simple, economical system *of gov-
ernment for the people of a new State, until a new Constitution may be
formed to suit their maturer wants.

Mr. Griffith. Mr. Chairman, why not reduce the number to twenty-
five? I presume that number would he as efficient as fifty for mere legis-
lative action. Those who favor seventy-five, do so because they think
the interests of the State may be more efficiently represented by a larger
number. I think, sir, that one of the first things to be secured is a full
representation of the people of the different parts of the Territory. I
would rather go above 75, than bring the nimiber below that. Any
diminution of that number would be calculated to throw the strength of
legislation into the hands of the larger counties. I know from conversa-
tion with several members of the committee, that it was desired and
intended that every organized county should have one representative in
the first legislature. If we reduce this number everv organized countv

116 Convention Proceedings and Debates.

cannot have a representative, and there cannot be a thorough representa-
tion of all the counties. Every man has pecuhar interests in the county in
which he lives, and every man representing two or three counties will
inevitably look more after the interests of the county in which he resides.
I believe the interests of the State will be better subserved by allowing
the mmil^er to stand, for it is of the utmost importance that every district
should be fully represented.

Mr. Blunt. Mr. Chairman, I am opposed to diminishing the number
reported. It should be remembered that we are about to include within
our borders a territory larger than that of the State of Ohio, or of Iowa,
or of New York. And we should have in view the prospective wants of the
people of the State in determining this matter of the number of repre-
sentatives. If we reduce the number to fifty, and take as a basis of
representation any data that may be in possession of the Convention, it
will be impossible to do justice to some of the remote counties. There
are counties in the Southern and Northwestern portions of the Territory,
where they have not at any election yet held, polled a vote, which, if
taken as a basis of apportionment or representation, would entitle them
to that representation which in justice should be accorded. I know in
the Southern portion of the Territory a number of counties in which the
people are daily increasing — perhaps ten-fold more rapidly than in the
older settled counties. There [these], of course, all have their local interests
to look after. Perhaps, in the first legislature, questions of county bound-
aries and county seats will be brought up; and it is eminently proper that
each of these counties, should have a member on the floor to look after their
[its] interests. And therefore I think it is important that we should fix the
number as reported by the committee, in order that we may give to each
of these organized counties — notwithstanding they [it] may not be entitled
to it upon any vote that has been cast by them [it] heretofore, yet in view
of the more rapid settlement going on in these counties, and in considera-
tion of the population these counties will contain by the time this
Constitution shall go into effect — at least one representative to look after
their [its] local interests. And although it may seem to be throwing con-
siderable expense upon the people, j'et I think it will be a matter of suffi-
cient importance — especially to those who will be most affected by our ac-
tion— to justify any additional expense that might be incurred even by
increasing the 'number reported. I would rather increase the number to
90. thnn diminish it to 50, and I believe the interests of the State would be
better subserved.

Mr. Barton. Mr. Chairman, I move to amend the amendment, by
inserting "sixty," instead of "fifty."

Mr. Preston. Unless we have nearly the number brought forward in
the report, we cannot follow out the system of a full representation.
Where two or three counties are rei)resented by one man in the Legislature,
it must be admitted that the interests of those counties cannot be equally
[*42| represented. That this *might be illustrated in this body, I have
no doubt. Gentlemen sometimes might go to the Legislature representing
counties they have never visited. I am decidedly opposed to any reduction
of the number in the report.

Mr. Hutchinson. I simply want to direct attention to the fact, that
we have at present organized some forty counties; and, with our probable
boundaries, we shall have half as many more in a few years. And it is
contemplated by the committee that each coimty shall have one repre-
sentative. The House of Representatives, being the popular branch, is

Tuesday, July 12, 1859. 117

a body coming every year directly from the people. And in order that
every constituent may be represented — every man may have an equal
representation in the General Assembly — I suppose it is quite important,
and even indispensable, that at least the number mentioned in the report
should be retained. And if there should be any curtailment of expense m
this regard, I think the place to apply the rule would be the other House,
instead'^of the popular branch. I would sooner see the Senate go down to
fifteen or nine, than that the popular branch should be reduced to fifty.
We ought to be cautious how we deprive any people of their rights in
this respect. The right of representation must be preserved. We ought
to look forward to the day when the State shall stretch out its arms and
become populous with men of enterprise and wealth. We should not
allow ourselves to judge by the indexes of Kansas to-day. We are a
body of 52 members, and is there any portion of Kansas whose repre-
sentation is too small here? Look forward through a period of ten years,
when our population and their wants will be quadrupled, and it seems
to me it would appear preposterous to think of confining the House of
Representatives to 50 members. The cutting down should come in at
the other House if anywhere.

Mr. Ross. If those districts which have been hitherto disfranchised
should happen to get a little more than their share, it would not be amiss,
perhaps.

Mr. Parks. On examining the Constitutions of various States, I have
observed that the number of Representatives and Senators at the com-
mencement of the State government, have been about the same. For
example, Indiana, 10 Senators, 25 Representatives; Missouri, 15 Senators,
30 Representatives; Ohio, 15 Senators, 30 Representatives. I think the
larger the number the more satisfactory we shall be able to make the
apportionment.

Mr. FoRMAN. Was this matter ever canvassed in the Committee on
Apportionment ?

Mr. Thacher. It was.

Mr. McDowell. Mr. Chairman, I second the motion to reduce the
number to 50, and I do not know but 50 would be too large. It eeems
to me that the basis should be the people of the Territory; and, as Col.
Slough has well observed, one great object we should have in view, should
be the organization of a simple and economical form of governrnent. The
gentleman, my colleague who has just addressed the committee (Mr.
Parks) has shown that the numl^er of representatives in many of the new
States that have been admitted into the Union, was much less than the
number (fifty) which we propose. Our Territorial population, at this
time, I sujipose to be somewhere in the neighborhood of 75,000 — it may
reach 100,000 people of tliis Territory; and we ought to establish a rule
which shall serve as a joint basis of representation for this people. It is
not material that every particular county should be represented, if it
have not a population entitling it to a representation. It is no new thing
in the history of matters of this kind, to apportion so that three or
four counties may have but a single representative — such counties of
similar character and resources, where the population is sparce, one man
can represent the whole about as well as though a representative were
taken for each county. Then if we can agree on the basis of population,
we can easily fix the number. It has been said that the committee on
apportionment have had certain meetings, and agreed to a certain propo-
[*43] sition, and that this *proposition has induced the legislative com-

118 Convention Proceedings and Debates.

mittee to make the report they have. I am a member of the committee
on apportionment. That committee did meet yesterday, and adjourned
till to-morrow. If that committee have done anything of this kind, it was
not done yesterday, nor at any regular meeting. But that is immaterial.
The Convention "will regulate all; and I do hope gentlemen will not
saddle upon the State an unnecessary expense. Gentlemen talk of liber-
ality. Why not allow every legal voter to be, ex officio, a member of the
lower house? The great State of Ohio, 10 years ago — she then had a
population of over a million — did not have a larger number of represent-
atives than this committee on the legislative department propose for a
State of 70,000 inhabitants. Gentlemen will find, if we adopt a large
number, that future legislatures are not going to cut it down. Too many
men want to go to the Legislature, and instead of diminishing they will
increase the number. Then I think the number ought to be reduced, with
I^ower to increase as population may demand.

Mr. President Winchell. Mr. Chairman, I have the honor on this
floor to represent, in part, a constituency composed of four counties; and
the only thing in the shape of instructions from them which I have heard
of, is to the effect, that it is the desire of all to be separated in legislative
matters, so that each county may have its own representation. Obeying,
then, the wishes of my constituents, I shall be constrained to vote against
any diminution of the number reported.

Mr. Burnett. Mr. Chairman, I have the honor to represent three
counties; and I believe the people of those counties demand of us, that
in the future House of Representatives of Kansas there shall be such an
apportionment as shall give to each county a separate and distinct repre-
sentation. Gentlemen talk of economy in this apportionment. Is it not
better that the people be fully represented, than that the legislation
should be done by a few men, as has been the case heretofore in Kansas?
I propose that we now inaugurate a new state of things, and that for the
future in our legislation, we shall have a full representation of the people.
Gentlemen speak of 75 as a large number. Why, sir, in the House of
Representatives of the State of Maine, there are three or four hundred
members; in New Hampshire two or three hundred; in Massachusetts,
five or six hundred ; and shall we not in Kansas be represented by seventy-
five? I contend that every county has a right to a separate representation
on the floor of the House of Representatives, and we cannot extend that
right to all the counties with a less number than seventy-five.

Mr. Stinson. Will seventy-five give each county one?

Mr. President Winchell. 1 do not know, Mr. Chairman. I have
paid no attention to the statistics. I simply act according to the known
view of my constituents. This is the only thing in the shape of instructions
that I have heard from them. I am therefore constrained to vote against
any reduction which will diminish the chances for a separate represen-
tation.

Mr. Barton's amendment, ])roi)osing '''60," was rejected; and the ques-
tion recurring on Mr. Slough's [amendment], proposing "50," it was also
rejected.

Mr. BuRRis. Mr. Chairman, I propose to strike out "one year" and
insert "two years" in the clause referring to the term for which members
of the Legislature shall be elected. I do this with the view of taking a
position in favor of Vnennial sessions of the Legislature.

Mr. Blunt. Air. Chairman, I am surprised at the economy manifested
by gentlemen. 1 am certainly opi)Osed to biennial sessions of the Legis-

Tuesday, July 12, 1859. 119

lature — especially in a new country like this. And it has been found in the
older States not to work well. For instance, in the States of Indiana ;ind
Ohio, where they adopted biennial sessions some eight or nine years ago,
they are agitating the question of a return to annual sessions. And if, in
the old settled States, where all the machinery of legislation is complete,
[*44] and *the wants of the people may be more readily and certainly
known — if biennial sessions do not work well there in Ohio, they would cer-
tainly work disastrously in this Territory. I have found out, sir, that in
taking the initiatory steps of a State organization there is much to be
done; and gentlemen will find that — if they prescribe biennial sessions,
and limit the time of the sessions — much of the work necessary in the
machinery of a State organization, such as the preparation of a code of
laws, and legislating for the constantly increasing wants of the people —
will not be done for want of sufficient time. 1 hope that, before passing
upon this matter, gentlemen will give to it the reflection, its importance
demands; and I think there is a good guide to us in the fact, that the older
States, which have tried biennial sessions, are now agitating the question
of returning again to annual sessions.

Mr. BuRRis. Mr. Chairman, I made this motion with a \dew to econ-
omy. I voted against reducing the representation to sixty, because I
think there should be at least seventy-five, in order that the representation
may be full. I make this motion to extend the time between the regular
sessions of the legislature from one to two years, because I think once in
two years, is often enough for the Legislature to meet. The gentleman
alluded to the working of biennial sessions in the State of Ohio. I re-
member very distinctly the annual sessions in Kentucky under the old
Constitution; and I remember, that some twelve years ago, they provided
in their new Constitution, that the Legislature should meet only once in
two years; and from all the information 1 have the people there are satis-
fied with that provision; and I know that two years ago in the State of
Iowa the people in their new Constitution continued the biennial sessions of
their old Constitution. I am in favor of biennial sessions, with power in
the governor to call extra sessions.

Mr. Slough. Mr. Chairman, I have had occasion to see the practical
working of biennial sessions. It is utterly impossible for the legislative
business of a great State to be done by means of biennial sessions. And in
most of the western States where they have adopted biennial sessions, they
have been compelled to return to the annual sessions, or virtually to adopt
them by adjourning over from winter to winter, and then these adjourned
sessions have been protracted to three or four months; and I think in any
new State with biennial sessions, that course would have to be pursued on
account of the legislation absolutely demanded by the people. For that
reason I am opposed to the amendment. I think it better to elect each
year. The additional expense of election would not be much; and the ad-
vantage to be derived, would be in the fact that the members of the larger
branch of the legislature would come fresh from the people each year. If
we were to adopt this amendment, I believe the State would be absolutely
compelled to adopt a different course in two years.

The amendment was rejected.

Mr. PoRTEu moved to amend the section so as to make the Senators
elective annually, which was rejected.

Mr. Barton proposed to strike out "twenty-five" and insert "twenty"
for the number of Senators.

120 CoxvEXTiox Proceedixgs axd Debates.

Mr. Thacher. The apportionment stands in the usual ratio of three
to one; and if we are to have a complete representation it strikes me that
twenty-five is not too many Senators.

Air. Bartox. I have a precedent for the ratio I propose in the State of
Illinois.

The amendment was rejected.

Mr. Formax proposed to insert after the word ''law" in the fourth line
these words: ''And shall never exceed 100 Representatives and 33
Senators."

This amendment was adopted.

On motion by Mr. Ltllie, it was agreed that whenever the word "As-
sembly" occurs in the report, it shall be supplied by "House of Represen-
tatives."

[^45] *Mr. Stixsox moved to strike out of the second section all after
the words "single Senatorial and Assembly cUstricts" inclusive.

Mr. Thacher proposed to strike out all after the words "regulated by
law."

Mr. Graham. I move to insert in the proper place: "and that each
organized county, at the first election vmder this Constitution, and in all
subsequent legislatures, shall be entitled to at least one representative."

Mr. Slough. That would be placing too much power in the hands of
the legislature. The history of Kansas shows that we have had more than
one corrupt legislature. With this provision, all a corrupt legislature
would have to do in order to disfranchise a particular county, would be to
multiply the number of counties. It is placing power in the hands of the
Legislature that may be employed to the disparagement and injury of the
more populous counties.

Mr. Gr.\ham. Mr. Chairman, I am opposed to granting such iwwer to
the legislature. This is a provision that each county shall have at least one
representative in the first legislature after the adoption of this Constitu-
tion. It is not my own idea. There is just such a provision in the Consti-
tution of Pennsylvania.

Mr. Thacher. The same provision is in the Constitution of the State
of New York. It is eminently right and proi:)er that each organized coimty
should have at least one representative in the lower branch of the legis-
lative department.

. Mr. McClelland. I think the committee on apportionment, when
they shall come to this, will make a fair apportionment, and settle this
matter satisfactorily to the Convention.

Mr. Thacher. I would offer this as a substitute: "That in all appor-
tionments hereafter made, each organized county shall be entitled to one
representative."

Mr. Graham. I am oi)poscd to that. I wish to provide merely for the
present — that the present existing counties shall each be entitled to at
least one representative in the House of Representatives.

Mr. Ross. There are thirty-five organized counties in the Territory. I
move to further amend, by adding words to this effect: "And no new
county shall be erected that has not a sufficient population to entitle it to
one representative under the ratio adopted." That is also in the New
York Constitution.

Mr. Thacher, I accept that.

Tuesday, July 12, 1859. 121

On the motion of Mr. McDowell, the committee now rest, and the
Chairman (under instructions) reported progress, and asked and obtained
leave to sit again.

NORTHERN BOUNDARY.

On motion of Mr. Hutchinson, the Convention now took up the gen-
eral orders of the day— the first being the presentation of petitions and
memorials.

'Mr. Thacher presented a memorial from the delegation to this Con-
vention elected by the people of that portion of the Territory of Nebraska
lying south of tlie Nebraska river, and moved that it be referred to the
committee on Preamble and Bill of Rights.

Mr. Houston proposed the committee on Federal Relations, but —

On the motion of Mr. Forman. it was referred to a special committee
of thirteen — one from each council district.

negroes and mulattoes.

Mr. McDoweli- offered the following:

Resolved, That there shall be appointed by the President of this Con-
vention a special committee of seven on Negroes and Mulattoes which
shall be instructed to inquire into the expediency of reporting, as follows:

"1st. No Negro or Mulatto shall come into, or settle in the State, after
the adojition of this Constitution.

2d. All contracts made with any negro or mulatto, coming into the
State contrary to the proA-ision of the foregoing section shall be void; and
all persons, who shall employ such negro or mulatto, or otherwise en-
[*46] courage him to remain *in the State shall be fined in any sum not
less than twenty nor more than five hundred dollars.

3rd. All fines which may be collected for a violation of the provisions
of this article, or of any law which may hereafter be passed under it, shall
be used for the colonization of such negroes and mulattoes and their de-
scendants, as may be in the State at the adoption of this Constitution and
may be willing to emigrate.

4th. The Legislature shall pass laws to carry out the pro\asibns of this
article."

Mr. Preston moved to lay the resolutions on the table; and the yeas
and nays being demanded and ordered thereon, the vote stood — yeas 26,
nays 21 — as follows:

Yeas— Messrs. Arthur, Burnett, N. C. Blood, Crocker, Button, Graham,
Griffith, Hutchinson, Hanway, Hoffman, Houston, Ingalls, Ivingman, Lillie,
Lamb, Middleton, McCuUough, Preston, Porter, Ritchie, Ross, Stokes,
Simpson, Thacher, Townsend, T. S. Wright, WilUams— 26.

Nays— Messrs. Blunt, Brown, Barton, Porter, Forman, Greer, Hippie,
Hubbard, May, Moore, McDowell, McCune, McClelland, Parks, Signor,
Slough, Stinsoii. Stiarwalt— 21.

The following explanation was admitted to the journal under the rule:

We vote to lay on the table, but are willing and ready to meet that
question in a single proposition to be submitted to a direct vote of the
people. W. R. Griffith, A. Crocker,

J. C. Burnett, J. J. Ingalls,

G. H. Lillie.

So the resolutions were laid on the table.

122 Convention Proceedings and Debates.

Mr. Houston submitted the following, which was adopted:

"Resolved, That the Secretary be required to copy and deliver on the
adjournment of each session, all resolutions, letters or petitions that are re-
ferred to Standing Committees to the Chairman of such committees as
they are respectively referred to."

The Convention then adjourned till to-morrow morning at 9 o'clock.

Wednesday, July 13.
The Convention met at 9 o'clock a. m.
Prayer by the Chaplain.

CORRECTION OF THE JOURNAL.

The journal of yesterday was read.

Mr. Stokes said he was present yesterday, and voted in the negative on
the amendment to the chapter on banking, offered by Mr. J. Blood, and
the journal was corrected accordingly.

REVISED EDITION OF THE AUTHORIZED REPORTS.

Mr. Ross gave notice that if any corrections were necessary in the
authorized reports, as printed in yesterday's Commercial Gazette, they
should be sent in to the printer as early as 10 o'clock, in order to [secure]
the correction of the type for the revised edition.

SPECIAL COMMITTEE ON NORTHERN BOUNDARY.

The President announced the following special committee, to which,
under the order moved by Mr. Forman, was referred the memorial of
the Nebraska delegation presented yesterday by Mr. Thacher, viz:

Messrs. Forman, Graham, Foster, McClelland, Middleton, Hoffman,
Greer, Simpson, Thacher, Blunt, Button, Barton and LiUie.

MANAGEMENT OF COMMON SCHOOLS.

Mr. Thacher. Mr. President, the following resolution has been handed
to me, and concurring fully in the spirit of it, I offer it for adoption.

"Resolved, That the Committee on the Legislative Department, be in-
structed to report a clause securing to the women of the State equal
rights in all questions involving the organization and conduct of Common
Schools."

The resolution was referred to the Committee on the Legislative De-
partment.

GUNN's MAP.

Mr. Barton submitted the following:

"Resolved, That the Sergeant-at-Arms be instructed to procure one copy
of Gunn's new map of Kansas, for the use of each member and officer of
this Convention."

[*47] Mr. Townsend. Is the expense of these *maps to come out of
members individually, or out of the Territory ?

Mr. Barton. I suppose, if the order is made, the expense would be
expected to come out of the appropriation for the expenses of the Con-
vention.

Mr. Thacher. That appropriation and as much more mil be ex-
hausted for the expenses of this body; and I am not sure that we would
be justifiable in voting ourselves this map. The map is a very excellent

Wednesday. July 13, 1S59. 123

one — the best ever published of Kansas — and every member ought to have
one. But to jiurchase it would be an outlay not incidental to the expenses
of this Convention, and the resolution strikes me as of doubtful propriety.
On motion by Mr. J. Blood, the resolution was laid on the table.

LEGISL.\TIVE DEPARTMENT.

On motion by ]\Ir. Slough, the Convention resolved again into Com-
mittee of the Whole — Mr. Hippie in the Chair — and resumed the con-
sideration of the report of the committee on the Legislative Department —
the third section of said report, as printed in yesterday's proceedings,
being under consideration.

Mr. Ingalls. Mr. Chairman, I move that this third section be stricken
from the bill. It seems to me that the matter of this section is peculiarly
within the province of the Legislature, and I am opposed to having this
Constitution encumbered with so much miscellaneous and superfluous
matter.

Mr. Thacher. It is customary, Mr. Chairman, in all Constitutions to
fix the per diem and mileage of members of the Legislature. It is too
great a temptation for members to be called upon to fix their own com-
pensation.

Mr. Ross. Would not the schedule be a more appropriate place for
this matter?

Mr. Thacher. I think not. I find the Constitutions of New York
and Wisconsin, and Ohio, I think, have a section in this place fixing their
compensation, &c.

The motion was lost — affirmative 16, negative 24.

Mr. Houston moved to strike out ''$3.00" per day and insert "$2.50."

Mr. Graham moved to insert $5.00 per day.

Mr. Griffith moved to lay these amendments on the table.

The motion was agreed to.

Mr. Wrigley offered the following:

"I move to strike out all after the word 'meeting' in line 11, and insert
the following after the word 'session' in line 10:"

"For the term of sixty days, and $1 for each day thereafter."

Mr. Lamb moved to further amend by inserting "fifty days" in place
of "sixty."

Mr. Thacher. Mr. Chairman, the first Legislature that shall assemble
will have nearly double duty to perform. Therefore in any rate of com-
pensation and time fixed, we ought, in the case of the first session to make
reasonable exceptions. The committee thought 80 days would not be too
much time. But that subsequent sessions ought not to hold more than
50 days — 50 days for the regular session, and 30 days for any special
session. Special sessions are usually called for the consideration of specific
subjects, and 30 days was thought sufficient.

Mr. Lamb's amendment and Mr. Wrigley's amendment were succes-
sively rejected.

Mr. Houston offered the following by way of substitute:

"The members of the Legislature shall receive for the first session the
sum of S3 per day, provided that they shall not receive any greater sum
for such ser\'ices."

On motion by Mr. Hubbard, it was laid on the table.

124 Convention Proceedings and Debates.

Mr. Slough proposed to amend the section by inserting "in specie,"
after the word "dollars," whenever it occurs in the section.

Mr. Houston. Mr. Chairman, it seems that in this proposition pre-
[■'"48] sented here, there *is an unnecessary amount of legislation. We
are endangering the Constitution and piling up objections to its adoption.
I could acquiesce in a clause fixing the compensation of members for the
first session, if that be thought best; but I see no propriety in restricting
or limiting further. We do not know what our circumstances may be in
the future. I think we are putting in a pretty round sum here. [Reads
the section]. Now multiply these 100 members by 240, and it will come
to a round sum. I tell you, gentlemen, that in the rural districts this
thing win not do — and if I were going to oppose this Constitution I would
hang my hat on this peg, and it would get votes. It seems to me that we
ought to look at the effect of such things. Retrenchment and Reform
is the word — and if it be disregarded here, it will be an objection to the
constitution and to the party that makes the constitution. The general
government has seen proper to sell the public lands at this season of the
scarcity of money, and hundreds and thousands of our people living poorly
in hovels and tents, struggling for the means to pay for their homes, and
it will be so, with them for years to come. For this reason it seems to me
that we ought to put these expenses at the lowest possible sum. I know
they will require retrencliment in this particular, and in every other.
Before passing upon this, I hope the committee will look at it all around.
In the State of Iowa, they only get $1.50 per day, and it is proposed to
pay here $3 per day. Why, sir, cannot we work as cheap as they? Aye,
sir, and if there were any important work to be consummated, let us give
our services to the State, if necessary. I understand, sir, that under this
estimate, just the pay of members of the Legislature would amount to
over $10,000. It seems to me we ought to curtail as much as we possibly
can.

Mr. McDowell. I think this whole matter were better to be left to
the Legislature, and I therefore move that section three be laid on the
table.

The President. In the opinion of the Chair, it would not be in order
to lay part of the report on the table.

Mr. President Winchell. The Chair will take notice, that the entire
section is proposed to be laid on the table, and such a motion is always in
order.

The Chairman then entertained the motion, and it was referred —
affirmative 18, negative 25.

The question recurring on Mr. Slough's amendment, it was also rejected.

Mr. Stinson offered the following substitute for the third section:

"Section 3. The members of the Legislature shall receive such com-
pensation as may hereafter be provided by law."

Mr. FoRMAN moved to amend by adding, "not to exceed $3 per day,
nor more than 15 cents per mile"; but

On the motion of Mr. Burris, all these amendments were laid on the
table.

Mr. McClelland offered the following as a substitute:

"The members and officers of the General Assembly shall receive a
fixed compensation to be prescribed by law, and no other allowance or

Wednesday, July 13, 1859. 125

perquisite either in payment of postage or otherwise, and no change in
their compensation shall take effect during their term of office."

The substitute was rejected, and then the section was passed.

Section four having been [was] read by the Secretary.

Mr. Slough moved the following amendments:

Insert "county or" before "district" in 15th line.
- Strike out "Assembly" and insert "House of Representatives" in 14th
line.

The amendments were adopted, and so the section passed.
[*49] ^Section five having been read —

Mr. Hoffman moved to insert "except postmaster" in the 16th line
after the words "United States" which was adopted.

Mr. Houston moved to strike out the words "shall be voted for or
hold," and Mr. Lillie proposed to insert the words "shall be eligible to,"
which were adopted.

And then the section, as amended, was adopted.

Section six being read —

Mr. Stinson moved to strike out these words after "funds," viz: "shall
hold office in this State, nor shall any person holding public money for
di.sbursement."

Mr. President Winchell. It seems to me, sir, that no person, for
merely having exercised an office or trust, should be embarrassed by such a
clause, and therefore I am in favor of the amendment.

Mr. Thacher. The only question here is, whether, to save our repu-
tation, we shall not make a sweep that will clear out all our offices, mem-
bers of the Convention, as well. It is a question that will be supported
by all parties — upon which they will blend and run into each other.

Mr. Greer. The word "convicted" is a legal word, and implies crimi-
nality. If we are going to make it criminal, and punishable by indictment
or presentment for a man to merely misuse the public funds, then the
word "convicted" would have its legal signification here and be applicable
in this section. But I apprehend that it would be rather stringent for a
mere misuse of the public funds, to subject a man to indictment in a
criminal prosecution. I am not prepared to take that ground, nor am I
prepared to render a man constitutionally ineligible to office for crime be-
fore conviction.

Mr. Thacher. This section is almost identical with one in the Ohio
Constitution (which he read). It seems to me the object is to preserve
inviolate and intact the public justice, to remove temptation and to throw
a safe-auard aroimd the public offices; and I think any man who has
been even suspected of abuse of the public funds ought not to be eligible
to office. I think he has forfeited that right — especially when he has been
convicted. Csesar's wife ought to be above suspicion. I think, sir, from
the experience we have had of the acts of various officers of the IFnited
States government in this Territory, we are called upon to guard as well
as we may the right to serve the State in any public capacity.

Mr. Greer. Mr. Chairman, I would not go so far as to render a man
ineligible to office, or make it a criminal offence, or a misdemeanor for a
man to be suspected by some political partisan of having made use of the
public funds in a manner not entirely warranted by law. I think there
are other rights belonging to the citizen than that which pertains to the

126 Convention Proceedings and Debates.

preservation of the public funds. I am not for attacking the character
of a man quite so sharply, and I hope the Convention will not adopt into
the Constitution a provision so stringent as that in tliis section, and in-
dicated by the gentleman from Douglas.

The amendment of Mr. Stinson was agreed to, and then the section
as thus amended was adopted.

Section seven having been read —

Mr. Brown offered the following by way of substitute:

"All officers of this State before entering upon the duties of their re-
spective offices shall take and subscribe an oath or affirmation to support
the Constitution of the United States, the Constitution of the State of
Kansas, and faithfully to discharge the duties of their respective offices to
the best of their ability."

The substitute was rejected.

Mr. Slough proposed to strike out from the section the words "and
subscribe."

It was agreed to.

Mr. Parks. It seems to me that this section is entirely out of order
[*50] under the legislative *head. It more properly belongs to the mis-
cellaneous department.

Mr. Slough. If this is not the proper place for it, the conmiittee on
arrangement can distribute all these different sections to their proper
places.

Mr. Parks. I think not. I move to lay the section on the table.

The motion was lost, and then the section was passed.

Sec. 8 having been read —

Mr. Form an offered the following:

Strike out of second line the words "Except as limited by this con-
stitution."

The amendment was lost.

Mr. Stinson moved to strike out all after the word "members."

The amendment was rejected, and then the section was adopted.

Sections 9, 10, 11, were successively read and adopted without a division.

Section 12 having been read —

Mr. President Winchell submitted the following by way of substitute:

"Sec. 12. All bills shall originate in the House of Representatives, and
be subject to amendment or rejection by the Senate."

Mr. Winchell. Mr. Chairman, I desire to render just a word of reason
for offering this for the consideration of the committee. I have witnessed
in the passage of bills through the Legislature so much confusion, resulting
from the introduction of bills of like character into both Houses, and have
been so often at a loss for the reason of it, that it seems to me a matter
of some importance to guard against it. Had it not been for this practice
in legislation, we would have been freed from a good many difficulties.
Almost the sole cause of clerical errors has been found to arise from
the fact that the same bill has been simultaneously introduced in both
Houses, and in its passage between them the confut^ion arises. There is
a very wise provision in nearly all our Constitutions in this country,
that all bills for revenue shall originate in the popular branch. That prin-
ciple is a sound one, and the same reasoning upon which it stands can

Wednesday, July 13, 1859. 127

be applied to all other bills. If the popular branch is not competent to
originate bills that should meet every want of the people, certainly it
seems to me the Senate cannot be. In this way, also, it seems to me that
we would secure to the Senate a higher character. They would act as a
board of censors, criticizing and amending the acts of the lower House —
their consent being essential to the passage of all laws. Were a pro-
\ision of this sort adopted, I would be in favor of limiting the power
of the Governor in regard to the veto. I would give him the power of
vetoing all bills, and then I would give to the Legislature the power of
l^assing any law over the veto by a bare majority.

Mr. THACHEFi. I would suggest for the consideration of members,
that there is not a State Constitution, and I think there is not a legislative
body in any State in this Union, that has such a restriction except as to bills
for revenue. Our most thriving States have no such provision. The con-
flict and confusion to which the gentleman refers, is more justly attribu-
table to the fact that every bill has its friends and enemies in both Houses
— and this fact explains how the origination of the same bill in both Houses
at the same time facilitates business. The effect of the amendment would
be to compel the Senate to wait on the House of Representatives for work.
Under the common rule any bill could become a law in half the time that
would be required under this. The only effect of such a provision would
be to procrastinate the session.

Mr. HuTCHixsoN. It seems to me a singular idea that this substitute
would lengthen the session. Those who have the slightest acquaintance
with our legislative bodies must be well aware that our business has been
delayed long enough to be done twice over from the origination of the
[*51] same bill in both Houses. A bill for the ^encouragement of edu-
cation, or for the construction of roads and highways, for instance, has
been introduced into both branches. Then comes all the expense of writ-
ing and printing, engrossing, enrolling, consultations in committees, &c.,
requiring much time. And many charges that have been brought against
members of the Legislature have originated from this cause more than
any other. The charges in connection with the slavery bill are referable
perhaps entirely to this cause, which gave the bill into the hands of the
revolutionary party and nearly defeated its passage. I contend, sir, that
there can be no more salutary provision for the Legislative department
than this. If bills originate in both branches, why have two bodies?
Why not send them all into the same chamber, and let one man preside?
From the very fact that it is expected of the Senate that it shall exercise
a sort of supervisory power. The members of that body are elected for
two years, and that shows that they are a higher department. I believe
time and money both would be saved by the adoption of the substitute.

j\Ir. Bli'xt. Innovation is certainly no argument why this amendment
should not prevail. I believe it would obviate many difficulties and give
dignity to legislation, and I am in favor of discreet reforms. I shall vote
for the amendment.

Mr. President Winchell. It seems to me very strange, that my friend
from Douglas (Mr. Thacher) who is a radical man, should plead "no
precedent" against us. I object to that argument coming in. For it
certainly can make no difference to him or me whether any other Con-
stitution contains this provision, provided it is a wholesome one. And
with regard to the Senate being delayed by the action of the House, do
we not know that in all legislative bodies it is customary for each House
to wait for the other. It is the business of neither House to provide busi-

128 Convention Proceedings and Debates.

ness for the other; and if the House of Representatives understood that
it was its place to prepare business in all cases, it would go to work and
do it.

Mr. Griffith. I would suggest the propriety of adding the words "or
rejection."

Mr. Greer. I am opposed to the substitute for the reasons suggested
by the gentleman from Doiiq:las (Mr. Thacher) which I think are very
cogent — that the Senate might not be delayed by a feeling of hostility on
the part of the House of Representatives. A factious House of Repre-
sentatives might delay and defeat the legitimate business of legislation.
This objection carries great force, and ought to be well considered by the
committee before they consent to adopt this substitute. Unless there are
good and cogent reasons why we should depart from the practice of all the
other States, we should, to some extent, be governed and guided by their
experience.

Mr. Thacher. I do hold, most strenuously, that where there is no
precedent, it is unwise for us to experiment — it is wrong. Another evil
effect of the substitute would be to turn all the twenty-live members of the
Senate into lobby members of the House, for the introduction and support
of their peculiar measures, whereas, if they had the right to introduce
bills into their own chamber they would keep their seats. I have never
seen the least collision between the two Houses in the Legislature of the
State of New York. It is generally customary for the friends of a bill
to agree where it shall be originated. I think that the legislation and
experience of the past ought to convince us, that all bills should originate
in either House, save bills of revenue, for which there is pro\asion made.

Mr. Graham. I am opposed to the amendment of the gentleman from
Osase. I know of no precedent for it, but that found in the second Terri-
torial guard for the government of the Northwestern Territory. Upon
[-52] the organization of the Northwestern Territory, *the Governor
thought the judges were not merely executors of the law, but law-makers.
We had expected and asked of Congress a Territorial Legislature, but they
sent us a board of super^^sors, merely to examine and approve of their
proceedings. Now, since we have had experience, for the first and last
time, I hope, of the advantages of a board of supervisors, it seems to me
such a thing never ought to be mooted again. I am satisfied with the
experience of the past, and think we ought to adopt the time-honored rule
of each House having the power to originate bills — except bills for revenue,
to be originated only in the lower house.

Mr. Ritchie. I believe in the doctrine of reform, and I can see in
this amendment a reform that is safe. I understand, that if we give to
the lower branch of the Legislature the power of originating bills, the
other branch may act legitimately in revising, amending and correcting the
work thus commenced. The people, choosing their representatives an-
nually, are expected to present by them all propositions for new legisla-
tive work; and in order that they may not be pressed forward with too
great haste, that body which has the most experience in legislation would
be expected to come in with equal powers in maturing them into law, and
perfect their work. If the Senate is to have the same power with the
House in originating bills, I would be in favor of but one body.

Mr. Houston. This government of ours is peculiarly and emphatically
a government of checks and balances. Our people are heterogeneous for
whom legislation is required: and it seems to me that confusion in the
matter of legislation results generally from members not l)eing well posted.

Wednesday. July 13, 1859. 129

Indeed, I know this has been the case. But this amendment would save
time, because it would obviate much of that pride of opinion which arises
from jealousy between the two Houses. Let the lower house only intro-
duce bills, and this feeling could not be so rife. It is expected that mem-
bers of the House of Representatives will come up with the wants of the
people, and it is proper and safe that their work should be submitted to
the graver body. I think, also, that by this amendment we vnll obviate
another difficulty. We will gain time. We shall have less outside pressure;
and it would prevent so much hasty legislation for succeeding legislatures to
wipe out.

Mr. Preston. The House of Representatives certainly is that branch
of the Legislature representing the immediate wishes of the people. The
Senate is supposed to be the conservative branch, and they should act as
a check upon the House, and should revise their labors. It seems to me
that the substitute is right — that the Senate is the proper place to revise
the work of the House of Representatives.

The amendment was adopted — affirmative 28, negative 13 — and then the
resolution as amended was adopted.

Section 13 was read and adopted.

Section 14 having been read —

Mr. President Winchell moved to strike out after the word "House,"
in 41st line, these words: "in which it shall have originated" and insert,
"of Representatives."

Mr. McDowell moved to amend by striking out the whole section.
He thought the Governor ought not to have the veto power.

, Mr. Stinson. I object to the radical proposition of my radical friend
from Leavenworth. I think the veto is one of the most wholesome re-
strictions upon the legislative power, and essential to the maintenance
of the due balance that should be preserved between the different depart-
ments of government.

Mr. Thacher. Should not the same reasoning which carried the former,
carry this proposition also?

[*53] *Mr. PREsmENT Winchell. I protest against this line of argu-
ment— that because a certain proposition has been decided to be good
and meritorious, we must therefore adopt everything else presented and
looking in the same direction. I am not decided as to whether the motion
of the gentleman from Leavenworth (Mr. McDowell) may not be a whole-
some one; and if I was to object to it, it would not be for the reasoning
set forth by the other gentleman from Leavenworth (I\Ir. Stinson).

Mr. McDowell. I have a word to say with reference to the motion
I have made. I take it that, as we have adopted the principle that the
Legislative body shall be the law-making power, that we had better de-
volve the responsibility- for the character of the laws upon that department.
I do not think it belongs in any proper sense to the official character of
the Governor to act as a law-maker for the State. I think the vesting
him with such extraordinary power and authority is an anomaly in re-
publican forms of government. If the people are misrepresented — if the
Legislation that happens to pass through the Legislative department is
impolitic and wrong, throw the responsibility where it belongs — upon the
parties making the laws. But the gentleman says, this is a new thing —
that it is a progressive idea — that it finds no precedent in other constitu-
tfipns^and that because some gentlemen here are incorporating certain
progressive ideas, therefore this should be incorporated. One of these

9 — 778

130 Convention Phoceedings and Debates.

statements is certainly not correct. For if the gentleman will recollect,
a great many state Constitutions do not give the Governor this power.

Mr. Slough. I think if we can conform to the Constitution of the
United States, we cannot find a better model. I believe all will accord
to that instrument the hiq:h character 1 give to it. That instniment vests
in the Federal Executive the same power with which we propose to invest
the Governor of Kansas. It has been found to work well there, and I see
no reason why it will not work well with us. If we take this power
from the hands of the Governor, we leave him the Executive office only,
and his chief prerogative will be to pardon criminals. We might almost
as well dispense with the Governor entirely, if this power be taken away
from him. In addition to this — and taking a broader view — it is not in
accordance with the principle of checks and balances. We cannot throw
too many safeguards around the rights and interests of the people.

Mr. Ritchie. 1 am opposed to giving too much power into the hands
of one individual. I am not aware that, because a man has been pro-
moted to the chair of Governor, that on that account he possesses really
any better judgment than when he stood among the people. Instead of
the people being protected by this power, it seems to me the very opposite
is true. The popular will must be better reflected by the representatives,
who are more recently from the people, and better know their wants. I
do not wivsh to separate the Governor from the Legislative power, but
his being placed in the position of Governor, gives him a sufficient amount
of power and influence in that body through his official communications.
Taking such considerations, I am in favor of striking out the section.

Mr. Thacher. I cordially concur in the remarks made by the gentle-
man from Leavenworth (Mr. Slough) that it is unwise to depart from the
old landmarks. I cannot see that the arguments employed by the other
gentleman from Leavenworth (Mr. McDowell) are any more cogent than
those relied upon to support the amendment to the former section. I
think the doctrine of the veto check is a safe and sound one.

Mr. Greer. One of the distinctive features which makes the difference
between the governments of the American States, and the European
[*54] governments is a distribution of powers; and I *am in favor of
keeping up and preserving this distribution of the powers of government
between the Legislative, Executive and Judicial departments. I am there-
fore opposed to the veto power of the Governor, unless it be so qualified
that the two houses by a majority may pass the bill notwithstanding the
veto. The Governor is but a man, and cannot be siipjwsed to know as
much of the wants of the people as the representatives, who have come
up fresh from a common interest amongst them. I concur also in the
reasoning, that the representatives, coming immediately from the people,
and better acquainted with their wants, should originate all legislative
propositions, and that the Senate should act merely as a body of revision
upon the acts of the House of Representatives. If we make the Senate
such a check upon the house, it strikes me that it will be sufficient. In
all my observation of the legislation of this country, I have never seen
any great benefits growing out of the veto power as it has been exercised
either in our national or State governments. On the contrary, I have
frequently seen contests between the Executive and Legislative depart-
ments on this account, which have not been at all creditable in history.
I think we should dis])ense with the veto.

Mr. Griffith. I submit whether the exercise of the veto power has
ever been salutary? Has not offered a check upon much hasty and in-

Wednesday, July 13, 1859. 131

considerate legislation? If it were in the province of the Governor to
defeat a law altogether, then this power ought not to be placed in his
hands. But the veto only refers the question directly to the people, and
so entering into the next election canvass the majority governs in the case
at last. I think the operation of the veto has been a salutary check upon
our legislation both in the National and State governments. If gentle-
men will look into our national history, they will see that the first bill
vetoed by the first President of the United States, was a most salutary
exercise of that power, and 1 can see no evil growing out of its judicious
exercise.

Mr. Ross. The idea inducing me to oppose the amendment is, that the
veto is a conservative power in the hands of the Executive. It is his duty
to prevent the enactment of deleterious laws. I think none will dispute
this, that the eftects and consequences of a bad law are far worse than
having no law on any given question. The sin of connmission is greater
than the sin of omission.

Mr. Burnett. I would refer the centlemen to a recent case of the use
of the veto in the State of Illinois. There it was that the representatives
of a minority of the people obtained control of the Legislative department,
and those minority representatives wishing to continue in power, intro-
duced measures to that end, which the Governor vetoed, and so preserved
the rights and carried out the wishes and feelings of a majority of the
people. Should not an instance of this kind teach us the importance of
the veto power?

Mr. Houston. This question merits consideration. It involves meas-
ures of very great moment. If I knew how the Convention would stand in
relation to another question, I could tell better how I would vote on this.
I think the different departments of the government should be distinct
from each other. I do not think the Executive ought to have any part in
Legislation. My position is, that it is possible to maintain proper checks
and balances in the State government without employing the Executive
veto — that it would be better for the Governor to be the Executive merely.
But there is another consideration. If we are going to adopt this two-
thirds rule, it would place in the hands of one man the power to defeat
the clearly expressed will of the people. On the other hand, if we admit
of no veto at all, we dispense with a wholesome check, as it might some-,
[*55] times result, upon the Legislature. It ""seems to me, if we could
agree uj)on a proposition, that a rruijority of three-fifths should be compe-
tent to overcome the veto; that it would be better to retain this power; so
I am not willing altogether to forego the advantage of this check. At the
same time I do not want to put into the hands of one man all the power
and responsibility involved in the original section. I would use the veto
as a check — never to defeat the people's will.

Mr. Blunt. The new Constitution of the State of Oliio, which we
have adopted as the basis of our action, contains no veto clause, and I be-
heve that the history of the last ten years of that State, has proved the
wisdom of that. I believe no injury has worked to the people in consequence
of the Governor not having the veto. I have drawn up an amendment by
which I propose to meet this case. I would strike out from the word
"bill" in line 42, to the word "law" in line 44, and insert in lieu thereof
the following words: "If, after such consideration, a majority of the mem-
bers of the House shall agree to pass the bill, it shall be sent to the Senate,
in which body it shall be reconsidered, and if approved by a majority,

132 Convention Proceedings and Debates.

then it shall become a law." That is, the Governor shall have a veto to
the extent that shall enable him to remonstrate against hasty legislation.
The Governor should not be clothed with legislative powers. He is purely
a' ministerial officer. But when j'ou require two-thirds to overcome his
veto, you clothe him with a dangerous power. I believe he should have
the power to restrain hasty legislation: that is, that he should be au-
thorized to point out his objections to the House — giving members an
opportunity to reconsider the matter, and to avail themselves of the rea-
sons of the Governor for refusing to sign the bill, and if they have acted
hastily, to apply the corrections. We find a precedent for this in the very
Constitution we have adopted for our basis, and the same clause stands in
several of the later made Constitutions. But these considerations are not
material. This is an age of reform; and notwithstanding it may be an in-
novation upon the customs of legislation, that can be no argument why we
should not adopt it.

Mr. Preston. I believe the re-charter of the United States Bank was
once defeated by the veto. The will of Congress was frustrated, but the
veto was sustained bj^ the people. 1 give this as one instance in which, in
nay opinion, the veto worked well.

Mr. Foster. I am opposed to striking out, and to the amendment. It
has been urged here that the veto power in the Governor is calculated to
defeat the will of the majority. But, gentlemen seem to forget that the
Governor is equally a representative of the people. He is placed in his
position by the popular vote, and so far from defeating the will of the
majority, I insist that he is more the representative of the popular ma-
jority than possibly the Legislature themselves might be. For instance:
there might be a question of the location of the seat of government, before
a Legislature, whose members are interested in a certain locality, say in
sufficient strength to be able to carry it by a bare majority, and so the
law passes, evidently detrimental to the interests of the whole State. And
suppose the Governor to veto such a law: in such a case he sits as the
representative of the interests of the people. I insist upon it, that clothed
with the veto, the Governor, under some circumstances, is rather the rep-
resentative of the people of the State than the Legislature themselves.

Mr. McDowell's motion to strike out was rejected, and the question
recurring on the substitute of Mr. President Winchell, it was agreed to.

Mr. McClelland submitted the following amendment:

"Strike out the words 'two-thirds' in line 42, and line 44 of section 14,
[*56] and insert in lieu ^thereof in each place the words 'a majority.' "

Mr. Blunt propo.sed to strike out the words "other House" and insert
"Senate" which was lost, and then

Mr. McClelland's amendment was also rejected.

■ Mr. Houston proposed to strike out the word "two-thirds" whenever it
occurs and insert "three-fifths."

Mr. Stinson proposed "five-ninths."

Mr. M.\Y moved to lay these amendments on the table, and the motion
was agreed to.

Mr. Winchell moved the adoption of (the) 14th section, as amended,
and it was adopted accordingly.

, Mr. Wrigley moved a reconsideration of Sec. 13, which motion the
Chairman declared out of order.

Wednesday, July 13, 1850. ; 133

Sec. 15 having been read,

Mr. Greer offered the following amendment:

I move to insert after the word "emergency" the following,

"Which emergency shall be stated in the title of the bill." ;

The amendment was rejected. ,

Mr. Ross offered the following amendment:

"In line 50 add 'No bill shall be passed until the same shall have been
printed and placed in the hands of the members of the two Houses.' "

Mr. Thacher. There are a great many cases in which that would occa-
sion delay. I do not see the necessity of a provision of that kind.

Mr. Ross. I should think that any person famiUar with the legislation
in this Territory for the last two years, would see the necessity for this
provision. It would prevent confusion, fraud, and mixing bills between
the two Houses.

Mr. May. I think section 13, as amended, will obviate the difficulty the
gentleman speaks of — confining the origin of bills to the House of Repre-
sentatives.

Mr. Ross' amendment was rejected, and then the section was passed.

Section 16 haxdng been read —

Mr. Th.acher moved to amend by inserting in 52d Une the words "or
sections" after "section": which was adopted: and, so the section was
adopted.

Section 17 having been read —

Dr. Blunt moved that it be stricken out.

Mr. Wrigley offered the following substitute:

"All laws of a general nature shall have a uniform operation through-
out the State, and in all cases where a general law can be made applicabte,
no special law shall be enacted."

Mr. Th.\cher. That is for the purpose of preventing the lumbering up
of the Statutes with local laws. i

The substitute was adopted, and then the section as amended was
adopted.

Section 18 having been read —

Mr. Foster moved to strike out in hne 55 the words: "nor grant any
divorce."

Mr. Foster. As I am one of the few single men on this floor, I can
meet this motion disinterestedly. But I can conceive of no situation in
which a man can be placed more wretched than that of being tied to a
common scold; and of no more worse position for a woman than that of
being tied to a disagreeable man.

Mr. Wixchell. Would the gentleman prevent the Legislature from
giving to the Court this exercise of a power which he says is so much
needed ?

Mr. May. In the State of Missouri the Legislature have no power to
grant divorces, but they have conferred that power on the Courts.

The amendment was rejected, and then the section pa.s.sed without
amendment.

Section 19 having been read —

134 Convention Proceedings and Debates.

Mr. Foster offered the following:

I move to amend by striking out line 5S as far as and inchiding the
word "same," and insert as follows:

[*57] The Legislature shall have power to pub*lish all laws passed,
and no law of a general nature shall be in force until after the same shall
be published.

Which was adopted; and then the section as amended was adopted.

Section 20 having been read —

Mr. McDowell submitted the following:

Strike out the enacting clause in line 61 and insert "Be it enacted by
the Legislative Assembly of the State of Kansas."

There was no second to this proposition.

Mr. Stinson moved to insert "Commonwealth" in place of "State";
which was lost.

Mr. Slough proposed to amend by striking out the words "Legislative
Assembly," and inserting "Legislature"; which was adopted; and then the
section as amended was adopted.

Section 21 having been read —

Mr. Graham moved to strike it out.

Mr. Thacher. I would suggest to the gentleman this consideration:
Each county has a certain amount of local legislation, such as the laying
out of highways, &c., which, if it have not the power to transact, must
come before the Legislature. The supervisors need authority in such
cases: and this is to authorize the Legislature to authorize the County
Board to do county business, and so save the enactment of many local
laws.

Mr. Blunt. I think this comes more properly under the head of
County and Township Organization; and it ought to be stricken out.

Mr. Houston offered the following as a substitute:

"It shall be the duty of the Legislature to pass stringent laws to guard
the purity of the ballot box."

Mr. Blunt. I do not see what connection that has with the matter
under consideration.

The Chairman. The chair was about to rule it out of order.

Mr. Houston. The proper place for this is in the consideration of the
powers of the Legislature; and it does seem to me that a matter of such
importance ought to l)e placed in the organic law. If I understand our
position, Mr. Chairman, we are drifting toward results and coasequcnces
which no man can estimate. The times are out of joint. Our public men
are corrupt; the ballot box is not inviolable, and character is insecure. We
have started out wronc and the first stoji if wo would start rialit, is to
guard well the elective franchise, by imposing the severest penalties against
the infringement of this God-given right.

The resolution was rejected.

On motion by Mr. Slough, the Committee now rose, and the Chairman
(under instructions) rejiortecl jirocress, and asked and obtained leave to
sit again.

The Convention then took a recess till 3 o'clock, p. m.

Wednesday, July 13, 1859. 135

Wednesday, July 13.
.\FTERNOON SESSION.

Mr. J. Blood. Mr. President, I am about to ask leave to submit an
order to dispense with the report of these proceedings in Committee of
the Whole. 1 think, if the report? in full are continued it will hv, productive
of needless e.xpense. I will offer a resolution that hereafter the proceed-
ings in Committee of the Whole shall not be reported by the official re-
porter.

Mr. Kingman. I suggest that it had perhaps better be withdrawn
till we shall get the Legislative Report through the committee.

Mr. Stinson. Better to let the report of the proceedings on the Legis-
lative report go out in full. I propose an amendment to that effect.

Mr. J. Blood. I will withdraw the resolution for the present.

LEGISLATIVE DEPARTMENT.

On motion by Mr. Slough, the Convention now resolved into Com-
[*58] mittee of the Whole — *Mr. Hippie in the Chair — and resumed the
consideration of the report of the committee on the Legislative depart-
ment— the question pending lieins; on the adoption of the 22d section.

Mr. Brown offered the following as a substitute:

"For any speech or flebate. in either house the members shall not be
questioned elsewhere, nor shall any word or words spoken in debate in
either house of the Legislature be the foundation of any action, complaint
or prosecution. No member of the Legislature shall be subject to arrest,
except for a felony or breach of the peace, in goinc; to or returning from
the place of meeting, or during the continuance of the session, nor for
fifteen days previous to its commencement."

The substitute was rejected, and the section passed without amendment.

Section 23 was read.

Mr. Stinson. Mr. Chairman, I move that the section be stricken out.
It is open to the objection of interfering with legislation.

Mr. Thacher. That section is in the Wisconsin Constitution, and the
committee were unanimous in recommending it.

It is not in the Ohio Constitution, but it is a check upon fraud.

Mr. Stinsox. Why not insert "fire wood," after ■'stationery?'"

Mr. Thacher. Because fire wood is so small an item. The stationery of
this convention will be more than all the other incidental expenses put
together. Hence it was thought best to put out by contract.

Mr. Ross. The printing is to be let to the lowest bidder. He referred
to a case where a public printer charaed 14 cents per thousand and token,
and got the work done at 25 cents. Gentlemen could see where the
gouging would be.

Mr. Stixson's motion to strike out section 23 was adopted.

Mr. Thacher offered the following to come in, in the place of section 23.

"Section 23. The Legislature, in providing for the formation and
reguJation of common schools, shall make no distinction between the rights
and privileges of males and females."

Mr. Hutchinson moved to insert after "common schools," the words
"or State University."

Mr. BuRRis. I am not sure that I understand ihv extent to which

136 CoN\'ENTiON Proceedings and Debates.

the ameurlment goes — ^whether it is that females are to be entitled to
hold office, receive appointments and disburse money — or whether it is
merely that there should be no distinction as to privilege in the schools
between male and female children. i

Mr. Thacher. I suppose the former assumption is correct.

Mr. BuRRis. If that be the object and extent of the resolution, I must
interpose my dissent; but if it merely places all children on the same
footing, I have no objection. I cannot see any greater necessity for inviting
females to the right of voting and holding office in connection with the
State University, than there is in in\ating them into any other official
capacity. I believe I could rather vote to strike out the word "male" from
the article on the Elective Franchise.

Mr. Blunt proposed to refer the substitute to Mrs. Nichols.

A Voice. I propose that Dr. Blunt be added to the committee.

[Laughter] .

Mr. May made an ineffectual motion to lay the substitute and amend-
ment on the table. i

Mr. Thacher. I am not strenuous about the matter of the control
of the State University, but in the common schools, what would they be
without the female influence, as it radiates from the fireside? 1 think,
sir, that their influence should be so directed as to be felt there, and that
there their power appropriately resides. The committee considered such
a provision just and humane. A similar jirovision is in the Constitution
of the State of Kentucky, and I am sure that the representatives of
the people of Kansas are not less gallant, and care not less for th6
[*59] *rights and interests of females in the rising generation, than the
men of Kentucky. ]

I hold, sir, that our mothers and sisters have as much interest and
responsibility with respect to the conomon schools, as our fathers and
brothers. I hope this provision will be adopted, and that female influence
in our schools may be felt in all its power. It is, I confess, one step in the
direction of female suffrage — but it cannot do any harm, whilst it will
afford an example of its working.

Mr. Hltchinson. I think the rule will work as well in the higher dcy
partment as in the common schools, for this reason. There is little dis-
tinction made between the sexes as to their rights in the common schools of
the adjacent States, and there is no difference in their progress in learning.
But so soon as you rise above the common schools this distinction is felt.
The hand of the law must be thrust in as soon as they travel above a
certain grade. I feel that my clause is of equal importance with the pro-
vision embraced in the original section. It is well known that some of the
most flourishing colleges in the Union have adopted tliis system. There is
none more justly prosperous than Antioch College, in the State of Ohio,
where both sexes are admitted upon an equality.

Mr. Blunt. If the gentleman's resolution were a little modified, I
should have no ol)jection to it. As far as it respects the placing of the
sexes in the common schools on an equality — giving them equal j)rivileges —
I am not opposed to that. But if it is proposed to make no distinction
between the sexes in the matter of the election of officers, directors, &c.,
and providing such rules and regulations as may be UQcessary for the man-
agement and direction of the common schools and the State University, I
am oiii)Osed to that. When the time shall come — if it should ever come-
in the progress of events — that the great majority of the women of this

Wednesday, July 13, 1S59. l37

country shall ask to be put upon an equality with the men, I do not know
that I shall have any objection to offer. But, in my judgment, the time
has not come when any considerable portion of women make this apphca-
tion; and it will be time enough to accord this right when they ask for it.
The gentleman is mistaken as to the adoption of this rule in Ohio. Female
there have no direction in school matters.

Mr. Hutchinson. Being informed that my principle is well provided
for by the Committee on Education, I withdraw the amendment.

Mr. Griffith. I conceive that if we were to confer on woman her rights
in the management of our college and common school systems, that we
should find much more efficiency and energy in the great work of edu-
cating the rising generation. It is conceded that our sisters and wives take
more interest in the cause of education than ourselves. Let woman have
an equal voice in the schools — in determining how many months they shall
be kept, who shall be officers, and what shall be the amount of tax for the
support of schools, and we shall inaugurate a more efficient school system
than has ever yet blessed this most favored land. I consider that the mat-
ter of conferring upon females the elective franchise is of minor im-
portance compared with this.

Mr. Th.\cher's section was adopted — affirmative 22, negative 19: and
so sec. 23 was passed.

Sec. 24 was read.

Mr. Slough offered the following, by way of substitute:

"Sec. 24. No money shall be drawoi from the Treasury, except in pur-
suance of a specific appropriation made by law, and no appropriation shall
be for a longer term than one year."

The substitute was adopted and the section was passed.
Sec. 25 was read.

Mr. Blunt proposed the following amendment: Strike out "First Tues-
day in January," and insert "first Monday in December."

[*60] Mr. Slough. In most of the States, former*ly, it has been the
custom for their Legislatures to meet in the beginning of the winter. But
in view of the fact that the hofidays occur in the month of December, when
members generally go home to their famifies, and much time in legislation
was lost by being thus broken in upon, they have changed the time to
January. And I object to the amendment because it is better for business,
as well as the interests of the people, that the session should continue \vith-
out interruption.

Mr. Thacher. I should prefer the 2d Tuesday in January.

Mr. Griffith. I suggest this difficulty. I presume that there will
come into the Legislature a large representation from the farmers, and if
the time for opening the session be set late in January, the session will be
extended so far into the spring that it will not do at all for them. The
same objection would apply to the month of December. The farmers could
not leave before the first of January, and they cannot stay longer than
March. Then for a sixty days' session we ought to begin early in January.

Mr. Thacher. The way we have it fixed, the session is not to continue
more than fifty days.

Mr. Blunt. I withdraw my amendment.

Mr. Thacher's amendment was rejected.

Mr. Thacher moved to insert "annually" after the word "commence,"

138 Convention Proceedings and Debates.

and strike out "of each year"; which was adopted. And the section as
amended was adopted.

Section 26 was read.

Mr. Graham moved to amend by inserting "1865" in place of "1861,"
and inserting "ten years" in place of "five years."

Mr. Burris moved to insert 1863 in place of 1865.

Mr. Graham. In 1860 the census will be taken by the United States,
and again in 1870, and so on. And if we take our census in 1865, 1875, &c.,
the results will be of some use.

Mr. BuRRis preferred taking the State census twice between the times
of taking the United States census — say in 1863 and 1868.

Mr. J. Blood. I am opposed to the amendment to the amendment, and
in favor of fixing the time at 1865, and striking out five years wherever it
occurs in the original section and inserting ten years.

Mr. Graham. I accept that.

Mr. Thacher. Our State is filling up fast, and our relative population
changes much more than the population of the older States. If all the old
States want a census once in ten years, as the gentleman says, once in five
years would not be too much for us. But I think 1863 is a period that
will satisfy all; and then let it be regulated by the Legislature afterwards.

Mr. President Winchell offered the following, by way of substitute:

Sec. 26. An enumeration of the inhabitants of the State shall be taken
in 1861, and in 1865, and every ten years thereafter.

Mr. J. Blood. I can see no use in putting the State to the expense of
taking the census in 1861 — the next year after the national census.

The substitute was rejected.

Mr. Burris' amendment was also rejected.

Mr. Graham's amendment, as modified, was adopted, and so the section
passed.

Section 27 was read.

Mr. Winchell moved to strike out "Legislature," and insert "House of
Representatives," and strike out the words "the sole i)ower of impeach-
ment," and insert the words "to impeach."

Mr. Stinson. What is the object of that? As I understand the word
impeachment, it is presentation and trial. I would inquire whether pres-
entation and trial should be had before the House of Representatives?

Mr. Winchell. A difi"erent conclusion is reached among the lawyers in
regard to the word impeachment. If the gentleman has given the legal
meaning of this word, I should desire a different word here.
[*61] *Mr. Thacher. This provision is copied from the New York Con-
stitution.

Mr. Stinson. Mr. Webster says of the word: "In the United States
it is the right of the House of Representatives to impeach, and of the Sen-
ate to try and determine the impeachment."

Mr. Slough. The gentlemen might amend by striking out "of impeach-
ment," and inserting "to impeach," so that it shall read, "the House shall
have the sole power to impeach."

Mr. Thacher read the section in the New York Constitution.

Mr. Stinson. Every attempt to alter the phraseology makes confusion.
The word means not only the presentation, but the right to try, the trial

Wednesday, July 13, 1859. 139

itself. It consists not merely in the presentation. If you stop short of the
trial then there is no impeachment. Then I contend that you must go
beyond the House of Representatives, or the other matter of the section will
be rendered nugatory. It seems to me that the sense of the section cannot
be rendered as clear by any other phraseology, as by that which it now is.

Mr. Slough. The amendment wliich I have proposed would render the
sense very clear. The word "impeach" is "to accuse." Then the one
House will impeach and the other will hear the trial.

Mr. WiNCHELL. For all I can see, this amendment is right. Either it is
correct, or the Constitution of the State of New York is wrong. That the
construction of the gentleman from Leavenworth (Mr. Slough) is proper
I have no doubt. I have accepted the amendment he suggested.

Mr. Thacheh. Under the similar provision in the New York Constitu-
tion, there was the trial of Canal Commissioner Mather: he was impeached
by the Assembly and tried by the Senate.

Mr. Winchell's amendment was adopted, and, as thus amended, the
section was passed.

Section 28 was read.

Mr. Slough proposed the correction of a clerical error, inserting the
word "under" instead of the word "of." Without this correction, the sec-
tion would not include judicial officers who are not elected by the State at
large. It was for the purpose of covering the district judges that he moved
• to strike out the word "of" and insert the word "under."

Mr. Kingman. It is "under" in my copy. But if it is under, of course
there must be something to cover it. (Laughter).

Mr. BuRRis. Would it not be better to read "under this Constitution?"
I propose that modification.

The amendment was agreed to, and so the section was passed.

Mr. McClelland submitted the following as an additional section to the
report.

"Sec. 29. All laws creating new counties, changing county lines, or re-
moving county seats shall, before taking effect, be submitted to the
electors of the several counties to be affected thereby, at the next general
election after the passage thereof, and be adopted by a majoritj' of all the
electors voting."

Mr. Simpson. That is incorporated in the report of the Committee on
County and Township Organization.

Mr. McClelland. I have noticed such a provision in this i)art of the
•Constitution of other States.

Mr. Ritchie. We have a similar provision. I state this as Chairman of
the Committee on County and Township Organization, and move to lay the
section on the table.

The motion was agreed to.

The Committee then rose, reported the bill to the Convention, with the
foregoing amendments, and recommended their adoption.

On the motion of Mr. Th.acher, the Convention proceeded to take
up the consideration of this report of the Committee of the Wliole:
[*62] -and it was ordered to be considered, section by section.

Section 1, as amended, was read and adopted.

Section 2 being read —

140 Convention Proceedings and Debates.

Mr. McDowell moved to strike out "75" and insert "50" for the num-
ber of members of the House of Representatives and called for the yeda
and nays on the question.

The yeas and nays being seconded, ordered and taken, resulted — yeas 14,
nays 38^ — as follows: '

Yeas — Messrs. Arthur, Brown, Barton, Foster, Greer, Hippie, Hubbard,
May, Moore, McDowell, McCune, Slough, Stinson, Wrigley — 14.

Nays — Messrs. Burnett, Blunt, Burris, J. Blood, N. C. Blood, Crocker,
Dutton, Forman, Graham, Griffith, Hutchinson, Hanway, Hoffman, Hous-
ton, Ingalls, Kingman, Lillie, Lamb, Middleton, McClelland, McCullough,
Preston, Palmer, Perry, Parks, Porter, Ritchie, Ross, Signor, Stiarwalt,
Stokes, Simpson, Thacher, Townsend, J. Wright, T. S. Wright, Wilhams,
Mr. President— 38.

So the motion was rejected, and the section passed as amended in corn-
mittee of the whole.

Section 3 being read —

Mr. PoRTEK proposed to strike out aU after the word "meeting," which
was rejected.

The section was then passed.

Section 4 was read and passed.

Section 5 being read —

Mr. PREsmENT WiNCHELL (Mr. Thacher, the President pro tempore in
the chair). These words "except postmasters," which were inserted in
committee of the whole, should not be here. A postmaster is not an officer.

On motion by Mr. Greer, these words were stricken out: and so the
section passed.

Section 6 was read and passed.

Section 7 being read —

Mr. Lillie made an ineffectual motion to restore the word "subscribe,"
which was stricken out in committee of the whole: and then the section
passed.

Section 8 being read —

Mr. McDowell. I propose to amend by striking out all of this section
after the word "members." I make that motion in view of a rejiort that
will be before the Convention in a few hours, which does away with the
office of Lieutenant Governor.

The motion was rejected.

Mr. Blunt proposed to insert, after the word "member," these words:
"shall punish for contempt or disorderly behavior, and may, with the con-
currence of two-thirds, expel a member, but no member shall be expelled a
second time for the same offense." (No second.)

Mr. Ritchie. I propose, after the word "President," to insert the
words "of their number."

The amendment was agreed to, and so the section passed.

Sections 9, 10, 11, were read and passed.

Section 12 being read —

Mr. Parks moved as a substitute the following^- (the same as in the
original section) :

"Bills may originate in either House, and all bills passed by one House
may be amended or rejected by the other."

Wednesday, July 13, 1859. 141

Mr. Stinson moved to lay the substitute on the table: and the yeas
and nays being demanded and taken the vote stood — yeas 37, nays 12 — ^as
follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Brown, Barton, J. Blood, N. C.
Blood, Crocker, Button, Foster, Griffith, Hippie, Hutchinson, Hanway,
Hoffman, Houston, Lillie, Lamb, Aliddleton, May, McDowell, McCune, Mc-
Clelland, McCullou<ih, Preston. Porter, Ritchie, Ross, Signor, Slough, Stin-
spn, Stokes, Simpson, Townsend, T. S. Wright, Williams, Mr. President — 37.

^Nays — Messrs. Burris, Forman, Graham, Greer, Hubbard, Ingalls, King-
man, Moore, Palmer, Parks, Thacher, J. Wright, Wrigley — 13.

So the substitute was laid on the table, and the section passed.

[*63] *Section 13 being read —

Mr. Wrigley moved to strike out the words "elected to," and insert
"present in."

Mr. Wrigley. The object is to facilitate business. It seems to me that
there might be present a quorum to do business, and yet, with this clause
requiring a majority of the members elected even a large majority of the
qltbrum could not pass a bill. Suppose you have 50 members of the House
— 26 could not pass a bill. Suppose you have 25 members of the Senate, and
fiye are absent, leaving 20 in their places to do business — 12 of that num-
ber could not pass a bill. A minority of eight senators might prevent the
passage of any measure. It seems to me the Convention cannot adopt
anything so monstrous.

•^Mr. Slough. This section requires that a majority of all the members
elected to each House shall pass favorably upon any matter before it shall
become a law. So that in a House of a hundred members, no mere ma-
jority of a quorum, as 26 or 27 members, could pass laws, but it would
require 51 members, or a majority of the whole number elected. In sev-
eral of the States this provision has been found a great safeguard; for
without such a Constitutional provision it has frequently happened that
members watching their opportunity when the House was thin, have picked
up a bill and passed it, when if a majority of the whole body elected had
been present, it would not have been done.

Mr. President Winchell. Upon the first statement of the case by the
gentleman from Doniphan (Mr. Wrigley) I confess that I was ready to
concur in his view: but hearing the argument of the gentleman from
Leavenworth, 1 am now satisfied that he is correct. It is certainly im-
portant to secure the principle, that the assent of a majority of all the
members elected shall be necessary to the passage of a law.

On motion by Mr. McDowell, the amendment was laid on the table, and
the section was passed without amendment.
Section 14 being read —

,Mr. McDowell. Mr. President, 1 expect, sir, in the motion I am
about to make, I shall stand in a very respectable minority in this Con-
vention ; but believing I am right in the motion, I shall make it and demand
the yeas and nays. My motion is that section 14. which gives to the Gov-
ernor the veto power, be stricken out.

Mr. Stinson moved to lay this motion on the table.

Mr. McDowell demanded the yeas and nays, and the same being sec-
onded, ordered and taken, resulted — yeas 38, nays 11 — as follows:
• Yeas— ^Messrs. Arthur, Burnett, Blunt, Barton, Burris, J. Blood, N. C.
Blood, Crocker, Dutton, Foster, Forman, Graham, Greer, Hippie, Hub-

142 Convention Proceedings and Debates.

bard, Hutchinson, Hanway, Hoffman, Ingalls, Lillie, Lamb, Middleton, May,
Moore, McCune, McClelland, Preston, Palmer, Parks, Porter, Ross, Slough,
Stinson, Stokes, Thacher, Townsend, Wrigley and WilUams — 38.

Nays — Messrs. Brown, Greer, Houston, Kingman, McDowell, McCul-
lough, Ritchie, Signor, Simpson, T. S. Wright and Mr. President — 11.

So the motion was laid on the table.

Mr. BuRRis offered the following:

I move to amend section 14 ])y striking out the word "two-thirds"
wherever the same occurs, and inserting in heu thereof the words "a ma-
jority." .

On motion by Mr. Stinson, it was laid on the table.
Mr. Hutchinson moved to strike out the word "elected," in lines 43,
44: which motion, on the motion of Mr. Slough, was laid on the table.
Mr. Blunt offered the following:

Strike out all after the word "bill" in the 42d line, to the word "elected"
in the 44th line, and insert the following:

[*64] "If after such reconsideration a majority of *the members elected to
the House of Representatives shall agree to pass the bill, it shall be sent
with his objections to the Senate, by which it shall likewise be reconsidered,
and if approved by a majority of all the members elected to that body it
shall become a law."

On motion by Mr. Slough, it was laid on the table.

Mr. BuRRis. To make this language consistent, I move to strike out the
words "other House," and insert the word "Senate."

It was agreed to.

Mr. Greer moved to insert "majority" in jilace of "two-thirds."

The President pro tempore. That motion is not in order — the Con- ,
vention having once rejected it.

Section 14, as amended, was then passed.

Section 15 being read —

Mr. Ross moved to amend, by adding the following:

"No bill shall be considered, until the same shall have been printed for
the use of members."

On motion by Mr. Slough it was laid on the table; and the section
adopted without amendment.

Sections IG and 17 were read and adopted.

Section IS being read —

Mr. Slough moved to strike out all after the word "association," in
hne 57.

Mr. President Winchell. I would like to know whether it is con-
templated that the article on banking is to be submitted to the people,
separately, with the Constitution, or whether any banking law that may
be passed by the Legislature shall be submitted? I understand from the
sentleman who introduced the section added to the article on banking,
that it is not contemplated to submit the article, but that no banking act
of the Legislature shall be a law until it shall be submitted and ratified.
This, I think, will sufficiently guard this matter.

Mr. Slough. I am satisfied, Mr. President, that it is not necessary to
strike out these words, and withdraw the motion.

Wednesday, July 13, 1859. 143

The section was passed without amendment.
Section 19 being read —

Mr. President Winchell. The intention here is that the Legislature
shall publish the laws within a reasonable time. To avoid our experience
with regard to the Territorial Legislature publishing the laws at the pleas-
ure of the House, I would say here, that they shall be published within a
certain time, or immediately. (Agreed, agreed.) The section reads, "The
Legislature shall have power to publish the laws."' I would prefer a change
of this language.

Mr. Stinson proposed the following:

"The Legislature shall provide by law for the speedy pubHcation of the

laws."

Mr. Preston suggested the words "and distribution."

Mr. Wrigley moved as a substitute for the amendment, the following:

"The Legislature shall prescribe the time when its acts shall be in force,
and authorize the speedy pubhcation of the same," which was adopted.

Mr. Stinson. That obviates the objection advanced in Committee of
the Whole — that the people shall never be placed in the position of not
knowing the laws. I would suggest that these words be added: "And no
law of a general nature shall be in force till after it shall be published."

Mr. Greer moved ineffectually to commit the section again to the Com-
mittee on the Legislative Department.

Mr. President Winchell suggested the words "provide for," instead of
"authorize."

Mr. W^RiGLEY accepted, and the section as amended was adopted, and so
passed.

Section 20 being read —

Mr. Wrigley moved to amend by substituting: "Be it enacted by the
commonwealth of Kansas, represented in Senate and House of Representa-
tives, as follows : "

[*65] ^-On motion by Mr. Slovgh, it was laid on the table, and the sec-
tion was then adopted.

Section 21 being read,

Mr. President Winchell. There was a motion made in Committee of
the Whole to strike out this section, which did not prevail; and I think
the motion should be made again in the Convention. I take it, that, unless
there is a prohibition, the Legislature has this power to authorize coimty
legislation. I move to strike out the section, as surplusage.

Mr. Grah.\m. I call for the reading of the first section in the bill, as my
speech upon this motion.

The Secretary read — "Section 1. The Legislative power of the State
shall be vested in a Senate and House of Representatives."

Mr. President Winchell. I do not understand how that has any
bearing on the legislative power of the counties.

Mr. Graham. We delegate that power to the Legislature, and having
once delegated it, we cannot delegate again to the County Boards the same
power we have delegated to the Legislature.

Mr. Lillie. I think this power should be express. I do not apprehend
that the Legislature can confer any power without a clause authorizing
them to do so.

144 Convention Proceedings and Debates.

Mr. WiNCHELL. If the lawyers are against me, I will withdraw the
motion.

Mr. Stinson. I move to strike out section 21.

. Mr. Wrigley moved to lay this motion on the table, and it was agreed
to on a di\dsion — affirmative 17, negative 6.
^- Mr. Greer moved to substitute for the section —

"The Legislature shall confer upon the tribunals transacting coimty
business of the several counties — such administrative powers as it may
deem expedient."

On motion by Mr. Wrigley, the substitute was laid on the table.

■ The section was then passed.

Section 22 being read,

Mr. Hutchinson. Is that sufficiently explicit to protect members from
arrest by legal process?

The President pro tern-pore. I am of opinion it is.

So the section passed.

Section 23 being read,

Mr. President Winchell moved its adoption.

Mr. Slough demanded the yeas and nays, and there being a second, the
vote stood yeas 28, nays 21, as follows:

Yeas — Messrs. Arthur, Burnett, J. Blood; N. C. Blood, Crocker, But-
ton, Griffith, Hutchinson, Hanway, Houston, Ingalls, Lillie, Lamb, Mid-
dleton, iMcClelland, McCullough, Preston, Palmer, Porter, Ritchie, Ross,
Signor, Stokes, Thacher, Townsend, T. S. Wright, WiUiams, Mr. Presi-
dent—28.

Nays — Messrs. Blunt, Brown, Barton, Burris, Foster. Forman, Graham,
Greer, Hippie, Hubbard, Kingman, May, Moore, McDowell, McCune,
Parks, Stinson, Simpson, Wright — 21.

So the section was then adopted.

Sections 24, 25, 26 (is 27 omitted by mistake?— E'rf.), 28, were read and
adopted.

The report having been thus passed upon by the Convention —

Mr. Blunt mo"\"ed to insert the following additional section:

"Section 29. Each house may punish for contempt or disorderly con-
duct, and with the concurrence of two-thirds of the members elected, expel
a member — but no member shall be expelled a second time for the same
cause."

Mr. Blunt. This is the same I offered in the committee. It appears to
me doubly necessary. Gentlemen may take the view of the question that
the provision of the Constitution which gives the Legislature power to
adopt rules and regulations for its own government covers this ground.
But I do not conceive that to be the case : and I believe that for the Legis-
lature to expel a member without such authority in the Constitution, the
[*66] act would be nugatory. 1 find this pro*vision in many State Con-
stitutions. I could hope that no contingency would arise for the exercise
of this authority. Still it could do no harm. And then if it should be
requisite to expel, there would be the authority. Gentlemen may take ex-
ception to the last clause — "No member shall be expelled a second time for
the same cause." The Convention will remember the case in Congress two

Wednesday, July 13, 1859. 145

years ago requiring such a provision, thai of Mr. Matteson, of New York,
who had been expelled by a previous Congress, and it was attempted to
trj' and expel him again for the same offense. I think gentlemen will see
the necessity of incorporating some such provision: and although the
Legislature may never be placed in a position to assume it, still, if there
should be occasion, they ought to have the right to exercise it.

Mr. McDowell. 1 believe this belongs to the power conferred for
making rules, and I therefore move that the gentleman's section be laid on
the table.

The motion was agreed to.

On motion by Mr. Slough, it was ordered, That this chapter reported
from the Committee on the Legislative Department, as amended, be referred
to the Committee on Arrangement and Phraseology, and printed.

THE JUDICIARY.

Mr. Kingman (by unanimous consent), from the Committee on the
Judiciary, submitted the following report:

Section 1. The Judicial power of this State shall be vested in a
Supreme Court, District Courts, Probate Courts, Justices of the Peace,
and in such other Courts, inferior to the Supreme Court, as may be pro-
vided by law.

Sec. 2. The Supreme Court shall consist of three Judges, a majority of
whom shall constitute a quorum. They shall be elected by the electors of
the State at large, and in the first election under tliis Constitution, shall be
chosen as follows: One for two years, one for four years and one for six
years, and every two years thereafter one Judge of said Court shall be
elected for the term of six years.

Sec. 3. The Supreme Court shall have original jurisdiction in proceed-
mgs in quo warranto, mandamus, habeas corpus, and such appellate juris-
diction as ma}' be provided by law. It shall hold one term in each year at
the seat of Government and such other terms at said place or elsewhere,
as may be provided by law, and the jurisdiction of said Court shall be co-
extensive with the State.

Sec. 4. There shall be appointed, by the Judges of the Supreme Court,
a Clerk of said Court, who shall hold his office two years, and whose duties
shall be prescribed by law.

Sec. 5. The Supreme Court shall appoint a Reporter, who shall hold
his office for two years, and whose duties shall be prescribed by law.

Sec. 6. The State shall be divided into five Judicial Districts, in each
of which there shall be elected, by the electors thereof, a District Judge
who shall hold his office for the term of four years. District Courts shall
be held by such Judges, in such Districts, and at such times and in such
places, as may be provided by law.

Sec. 7. The District Courts shall ha\-e jurisdiction in their respective
districts as may be provided by law.

Sec. 8. There shall be elected in each county, one Clerk of the District
Court, who shall hold his office for the term of four years; who shall be
clerk of all other inferior Courts of Record in such county, except the
Probate Court.

Sec. 9. There shall be a Probate Court in each county, which shall be
a Court of Record, and have such Probate jurisdiction and care of estates
of deceased persons, minors, and persons of imsound mind, as may be pre-

10 — 778

146 CoN\'ENTioN Proceedings and Debates.

scribed by law; and shall have jurisdiction in cases of habeas corpus. This
Court shall consist of one Judge, who shall be elected by the qualified
voters of the county and hold his office for two years. He shall be his owti
clerk, and shall hold courts as often as may be prescribed by law. The
[*67] com*pensation of such Judge shall be such fees as may be pre-
scribed by law.

Sec. 10. One Justice of the Peace shall be elected in each township,
whose term of office shall be two years, and whose powers and duties shall
be prescribed by law. The number of Justices of the Peace may be in-
creased in any township as may be prescribed by law.

Sec. 11. All appeals from Probate Courts and Justices of the Peace
shall be to the Distnct Court.

Sec. 12. All the Judicial officers provided for by this article shall be
elected at the first election held under this Constitution, and shall reside
in their respective townships, counties or districts during their respective
terms of office. In case of vacancy in any judicial office, it shall be filled
by appointment of the Governor until the next general election that shall
occur more than thirty days after such vacancy shall have happened.

Sec. 13. All judicial officers shall hold their offices until their successors
have been qualified according to law.

Sec. 14. The Judges of the Supreme and District Courts shall, at stated
times, receive for their services such compensation as may be provided by
law, which shall not be increased during their term of office: Provided,
such compensation shall not be less than two thousand dollars each year,
and such Judges shall receive no fees or perquisites, nor hold any office of
profit or trust under the authority of this State, or the United States, dur-
ing the term of office for which such Judges shall be elected, nor practice
law in any Courts in this State during their continuance in office.

Sec. 15. Provision may be made by law for the increase of the number
of Judicial Districts whenever two-thirds of the members of each House
shall concur therein. Such District shall be formed of compact territory
and bounded by county lines, and such increase shall not vacate the office
of any judge.

Sec. 16. Judges may be removed from office by concurrent resolution
of both Houses, if two-thirds of the members of each House concur therein.
But no such removal shall be made except upon complaint, the substance
of which shall be entered on the Journal, nor until the party charged shall
have had notice thereof and an opportunity to be heard.

Sec. 17. The several Judges of Courts of Record in this State shall have
such jurisdiction at chambers as may be provided by law.

Sec. 18. The style of all process shall be "The State of Kansas," and
■dl prosecutions shall be carried on in the name and by the authority of
the State of Kansas.

Sec. 19. Until otherwise provided by law, the first district shall con-
sist of the counties of Wyandotte, Leavenworth, Jefferson and Jackson.
The 2d district shall consist of the counties of Atchison, Doniphan, Brown,
Nemaha, Marshall and Washington. The third district shall consist of the
counties of Pottawatomie, Riley, Clay, Dickinson, Davis, Waubonse and
Shawnee. The 4th district shall consist of the coimties of Douglas. John-
son, Lykins, Franklin, Anderson, Linn, Bourbon and Allen. The 5th dis-
trict shall consist of the counties of Osage, CoiTey. Woodson, Greenwood,
MacUson, Breckenridge, Morris, Chase, Butler and Hunter.

Wednesday, July 13, 1859. 147

Sec. 20. New or unorganized counties shall, by law, be attached, for
Judicial purposes, to the most convenient Judicial District.

Sec. 21. Provision shall be made by law for the selection, by the Bar,
of a pro tem. Judge of the District Court, when the Judge thereof is ab-
sent or otherwise unable or cUsqualified to sit in any case.

On motion by Mr. Slough, this report was made the special order for
to-morrow morning at 8 o'clock.

THE MILITIA.

Mr. Blunt, from the Committee on ]\Iilitia, submitted the following
report:

[*68] ^Section 1. The militia shall be composed of all able-bodied, white
male citizens between the ages of twenty-one and forty-five years, except
such as are exempted by the laws of the United States, or of this State;
but all such citizens of any religious denomination whatever, who, from
scruples of conscience, may be averse to bearing arms, shall be exempted
therefrom, upon such conditions as shall be prescribed by law.

Sec. 2. The Legislature shall provide by law for organizing, equipping
and disciplining the Militia in such manner as they shall deem expedient —
not incompatible with the laws of the United States.

Sec. 3. Officers of the militia shall be elected or appointed and be com-
missioned in such manner as may be provided by law.

Mr. Slough moved it be made one of the special orders for to-morrow
morning.

Mr. Kingman moved as an amendment that the report be considered
now.

The latter motion was agreed to, and the report was taken up.

The first, second and third sections having been read by the Secretary,
and passed —

Mr. Slough moved as an additional section—

"Sec. 4. The Governor shall have power to .'all forth the miMtia to
execute the laws of the State, to suppress insurrections, and repel invasion.
And he shall be Commander-in-Chief of the mihtia."

The section was adopted.

Mr. Ritchie moved to strike out the 'word "white" from the first line
of the report.

Mr. May moved to lay the motion on the table, and the yeas and nays
being demanded and taken thereon, the vote stood yeas 42, nays &, as
follows :

Yeas — Messrs. Arthur, Burnett, Blunt, Barton, Brown. Burris, Blood,
N. C. Crocker, Dutton, Foster, Forman, Graham, Greer, Griffith, Hippie,
Hubbard, Hanway, Hoffman. Insalls. Kino-man. Li^Ue, Lamb, Middleton,
May, Moore, McDowell, McCune, McClelland, Palmer, Parks, Porter,
Ross, Signor, Slough, Stinson, Simpson, Thacher, Townsend, Wrigley, T. S.
Wright, Williams— 42.

Nays — Messrs. Hutchinson, Houston, McCuUough, Preston, Ritchie.
Stokes — 6.

So the amendment was laid on the table.

The report was then adopted as a whole, and —

On motion by Mr. Slough, it was referred to the Committee on
Phraseo^Q-^ and Arrangement.

The Convention then adjourned till to-morrow morning at 0 o'clock.

148 CoxvEXTiox Proceedings and Debates.

Thursday, July 14.
The Convention met at 9 o'clock a. m.

Prayer by the Chaplain.

The roll was called and Messrs. Houston, Preston and Perry reported a.s
absent.

The journal of yesterday was read by the Secretary and approved.

THE secretary's JOURNAL.

Mr. Slough. I rise for the purpose of making suggestions with refer-
ence to the manner of making up the Secretary's journtil. It seems to me
the record is not complete, for when a report is referred to the Committee
of the Whole, whole sections are sometimes stricken out and others sub-
stituted. The substitute, or rather the section as amended is all that is
read by the clerk to the Convention and then passed upon. These do not
appear as a matter of record. It seems to me that this part of the report
should be made more full. As it is we have no minute to show that such
changes were made, and it seems to me proper that in amendments coming
to the Convention [from] the Committee of fhe Whole, the section as
amended should be made part of the report. I simply make this as a sug-
gestion.

The President. The chair would state that he understands one object
of the Committee of the Whole to be to avoid the insertion of so
[*69] *much matter in the journal report — to avoid making it too volu-
minous. This is, however, as a matter of course, in the discretion of the
Convention, and any directions they give will be carried out by the Sec-
retary.

Mr. Slough. I make the suggestion that the clerk may see the neces-
sity of it, and make the report as full as possible. The only record he now
makes is the report of proceedings in the Convention and the amendments
offered in Committee of the Whole are not shown, and cannot be unless
he makes a fuller report.

The President. The Chair is informed by the Secretary that he
keeps a complete record and that goes to the Official Reporter, and is
embodied in his report.

THE JLT)ICIARY.

The President. The special order for this hour is the consideration
of the report from the committee on Judiciary.

On motion by Mr. Slough, the Convention resolved itself into a Com-
mittee of the Whole (Mr. Blunt in the Chair) and took up the special
order. (This report is printed in j-esterday's proceedings.)

Mr. Slough moved to take up the report section by section.
The motion was agreed to, and the Secretary read the first section.

Mr. Wrigley. Mr. Chairman, I desire to call the attention of the
Convention to this section, and I move to strike out the words "Probate
Courts." If Probate Courts are needed at all let them be established by
the Legislature. I think the other courts provided for will be amply
sufficient for our present wants, and if the people shall afterwards desire,
in the progress of the State, to institute probate courts, you will have
conferred upon the Legislature the power to establish them. In the mean
time it is apparent that while the Probate Court will be a heavy expense
to the people, and in many counties it is not needed at all, the Legislature
may confer upon district courts probate authority; and this will be

Thursday, July 14, 1S59. 149

amply sufficient for the wants of the people at this time. If there are
counties that need a probate court the Legislature can provide it for them
— and in those counties where it would be an expense and no benefit the
district court may have authority to attend to probate business. That is
the way to manage it, in my judgment. I move to strike out these words.

Mr. Thacher. I suggest that the argument of the gentleman falls to
the ground when section 9 is considered. That section provides that this
court shall be no expense to the county. That the compensation of such
Judge shall be such fees as may be prescribed by law. But the necessity
of a P*robate Judge, especially in habeas corpus cases, every one will
recognize; a district judge cannot be all over the district at the same time.

Mr. Wrigley. I admit if that section is adopted my argument falls to
the ground.

The motion was rejected, and section 1 was adopted without a division.

The Secretary then read the second section.

Mr. Stinson. Mr. Chairman, I offer the following as a substitute for
section 2:

The Supreme Court shall consist of one Chief Justice and two Associate
Justices, a majority of whom shall constitute a quorum, who shall be
elected by the electors of the State at large; and, at the first election under
this Constitution, there shall be chosen a Chief Justice for the term of
six years, one Associate Justice for the term of four years, and one for
the term of two years, and every six years thereafter there shall be
elected a Chief Justice for the term of six years, and every two years
thereafter, except where a Chief Justice is to be elected, an Associate
Justice shall be elected for sLx years.

The object is to make the term of office six years; to have one chief
and two associates instead of putting all the judges upon a level.

[*70] *The substitute was adopted.

Mr. J. Blood. Mr. Chairman, I move to amend by striking out the
words "first section under this constitution" and inserting in lieu thereof
"such time and in such manner as the Legislature shall provide," and to
further amend by adding "after a term of five years thereafter until the
Legislature shall other^^ise provide the judges of the several circuit courts,
four of whom shall constitute a quorum." I propose this amendment for
the reason that I believe the Supreme Court at the present time is unneces-
sary, and would be attended with heavy expense. Five Circuit Judges
would be competent to hold a Supreme Court, and whenever necessar\^
to form a Supreme Court it may be done by the Legislature.

The amendments were rejected — and the section 2 was adopted.

Section 3 was read.

Mr. Slough. Mr. Chairman, I move to strike out the word "said" in
lines 7 and 8, and insert the word "said" in its place. I don't like the word
"said" except in legal papers.

Mr. Thacher. I would suggest for the words "at such places or else-
where" the words "in such places and its jurisdiction in such State" be-
fore "jurisdiction" add "and" and strike out "of said court." These are
mere verbal amendments.

Agreed to.

Section 3 as amended was adopted.

Section 4 was read.

150 Convention Proceedings and Debates.

Mr. J. Blood moved to insert in the proper place "there shall be
elected by the electors of the State an Attorney General who shall serve
two years. His duties shall be determined by law."

Mr. Kingman. Mr. Chairman, we were instructed to be governed by
the Ohio Constitution, and in that instrument under the head of execu-
tive officers that clause or one similar is made part of the executive de-
partment of the government. That officer will be reported by the com-
mittee on the Executive Department.

Mr. Blunt. Will he be made elective by the people?

A voice. Yes, sir.

Mr. J. Blood. I am satisfied, and withdraw my motion.

Mr. Parks. Mr. Chairman, I would like to offer a substitute for sec-
tion 4, as follows:

"Section 4. A Clerk and a Reporter of the Supreme Court shall be
elected by the people, who shall hold their respective offices for the term
of two years and whose duties shall be prescribed by law."

The substitute was laid on the table.

Mr. McDowell moved to strike out the word "two" and insert "six."

The motion was laid on the table.

Mr. Stinson. To make the language harmonious I move to strike
out the word "Judges" and insert the word "Justices" on account of the
phraseology in the second section.

The motion was agreed to by consent.

Mr. McDowell moved to amend by striking out the word "two" and
inserting in heu thereof the word "four."

Laid on the table.

Section 4 was then adopted.

Section 5 was read.

Mr. Porter moved to amend by striking out all after the word "office"
and inserting the words "during the pleasure of the Supreme Court."
This officer is appointed by the court, is responsible to it, and should be
made amenable to it.

The motion was rejected.

Mr. Porter moved to strike out the word "two" and insert the word
"four."

Laid on the table.

Mr. Houston moved to strike out the words "the Supreme Court shall
appoint," and insert in heu thereof "the people shall elect."

Laid on the table.

Section 5 was then adopted.

Section 6 was read.
[*71] *Mr. Houston moved to amend by inserting "three years" in-
stead of "four years."

Laid on the table.
Section 6 was then adopted.
Section 7 was read and adopted.
Section 8 was read.

Thursday, July 14, 1859. 151

Mr. Stinson. I move to amend this section by striking out all after
the word "years." I don't believe in electing a man to more than one office
at a time.

Mr. LiLLiE moved to amend the amendment by inserting after the word
"years" these words: "whose duties shall be such as may be prescribed
by law."

A voice. I move to lay the amendments on the table.

Mr. Kingman. It seems to me the amendment of the gentleman is right
and proper.

The amendments were laid on the table.

Mr. Slough. I now move the adoption of the amendment suggested
by the gentleman from Madison (Mr. Lillie).

Mr. Thacher suggested that the amendment should begin with the
word "and."

These motions were agreed to, and the section 8 as amended was
adopted.

Section 9 was read.

Mr. Kingman moved to insert the word "and" after the word "clerk,"
and before the word "shall."

Mr. Greer moved to strike out the word "this" before the word
"Court," and insert "his."

Mr. Kingman. "His" would have no antecedent.

The amendments were laid on the table and section 9 was adopted.

Section 10 was read.

Mr. Stinson. I move to strike out the words "in any township as
may be prescribed," as I suppose that was the intention of the Committee.

Mr. Thacher. I propose to strike out the words "in any township,"
and insert "in different townships."

Mr. Stinson. If you strike out at all why not strike out "in any town-
ship as may be prescribed"?

Mr. BuRRis. Mr. Chairman, it seems to me that the section is better
now than the proposed amendments would place it. There may be a
mode prescribed by which justices are increased in some and not in other
townships. It seems to me that by striking out as proposed the section
would pro\ide for the number of justices being increased in all the town-
ships. The way it now stands, and the way the committee intended it
should be, the Legislature may prescribe by law the manner in which the
number of justices in some of the townships misht be increased were it
found necessary. Perhaps some townships in this county might find it
necessary to have two or three or four. By adopting the amendment
would it not pro\dde for an increase of justices by law with reference to all
towTiships ?

Mr. Stinson. I think not.

Mr. BuRRis. It seems to me as it reads, there could be no misunder-
standing in regard to it.

Mr. Greer. That question occurs again in a section in the Legislative
Department requiring all laws to be uniform throughout the State; and if
this section is adhered to there must be necessarily the same number of
justices of the peace in every township.

The amendments were rejected.

152 Convention Proceedings and Debates.

Mr. McDowell. I propose to make a suggestion. I think the juris-
diction of justices of the peace in civil cases should not exceed fifty dollars.
I hope the committee will not leave that whole subject to the Legislature,
for probably the Legislature will be composed mostly of justices of the
peace, and having unlimited control they may give themselves jurisdiction
in cases up to five himdred or a thousand dollars. I think there ought to
be a point fixed beyond which they could not go.

[*72] *A justice's court is a necessary court for certain purposes in each
township. For that reason I voted for a justice's court, but I do approve
of the policy of restricting them, and I think this is the place to do it.

The Chairman. Does the gentleman from Leavenworth propose an
amendment ?

Mr. McDowell. I will at the proper time, but I have not time now to
draw it up.

Mr. Burnett. Mr. Chairman, I move an amendment by striking out
the word "one." I do not believe it is the business of this Convention to
prescribe the number of justices in each township. It is not a proper sub-
ject for this body to determine.

Mr. Hutchinson. Strike out the last sentence.

Mr. Burnett. I accept the amendment.

Mr. Thacher. I apprehend there are a great many townships that do
not require but one justice of the peace.

A voice. There are many townships that would require at least two
justices.

Mr. McDowell. Mr. Chairman, I propose to insert in section 10, after
the words "two years," as follows: "and whose jurisdiction in civil cases
shall not exceed fifty dollars."

Mr. Burris. Mr. Chairman, I entertain the same opinion of these
amendments that I did of the others. I believe they only make this
matter worse. I see and can understand the reason why Leavenworth is
desirous to restrict the jurisdiction of justices of the peace. The desiijn of
the committee was to have a different class of men in that office to what
we have had. If we were always to have such men in that office as it
has been my lot to be thrown before, I say, let them have no jurisdiction
at all. The design is to elevate — to raise the office — to get a different class
of men into the offices of justices of the peace. That was one object the
committee had in view by providing for but one. The motion of the
gentleman from Leavenworth, if it should prevail, restricting their juris-
diction to sums no more than fifty dollars, would produce the same effect —
make the office worth nothing, and we would have just such a set of justices
of the peace a^ we have been cursed with in the Territory. If we have
but one justice in each township let him have jurisdiction to the amount
of one hundred dollars. Unless the Legislature will establish other in-
ferior courts I am of opinion the jurisdiction of justices of the peace should
be extended to two or three or possibly five hundred dollars. Let them
have some jurisdiction worth while, let there be but one of them in each
township, and then we will have justices who are capable of discharging
the duties of that office. I think this would be effectually accomplished
by taking this section as reported by the committee, and leave it to the
Legislature to give them such jurisdiction as the wants of the people may
require. I am opposed to all amendments, and hoi)e that none will prevail.

Mr. Thacher. Mr. Chairman, I wish to offer an amendment, that

Thursday, July 14, 1859. • 15;]

instead of fifty dollars, the jurisdiction of justices of the peace be placed
at five hundred dollars.

The Chairman. The amendment of the gentleman from Leavenworth
(Mr. McDowell) is not in order.

Mr. Kingman. Mr. Chairman, I move that all the amendments be
laid on the table.

The motion was agreed to.

Mr. McDowell. It seems as the section now stands there is no re-
striction to justices of the peace. This section is a nullity because the first
section of this article provides that "the judicial power of this State shall
be vested in a Supreme Court, district courts, probate courts, justices of
the peace, and such other courts, inferior to the supreme court, as may be
provided by law." I think there is sufficient provision made for justices'
courts in that section, unless there be a willingness to throw some re-
[*73] striction around their juris*diction. I move to strike out this entire
section.

The motion was laid on the table.

Mr. HiPPLE. Mr. Chairman, I move to amend by making the section
read: "One justice of the peace shall be elected in each township, borough
or ward."

Laid on the table.

Section 10 was then adopted.

Section 11 was read and adopted.

Section 12 was read and adopted.

Section 13 was read.

Mr. Slough. The language of that section might be improved by
striking out "have been" and inserting the words "shall have."

Agreed to by consent.

Section 13 was adopted.

Section 14 was read.

Mr. J. Blood. Mr. Chairman, I desire to amend by striking out the
words, "Provided such compensation shall not be less than two thousand
dollars each year." You have provided for the election of eight judges
a,t not less than two thousand dollars to each judge, which amounts to
sixteen thousand dollars a year and other expenses of court. If these ex-
penses shall be paid as heretofore, by taxes, this will be found to be a very
high salary. I am opposed to that number of judges, believing that for
years to come the business will not be sufficient to employ five. The Con-
vention has provided for eight, and now if we say their salaries shall never
be less than two thousand dollars per year, it is providing for a good deal
of extravagance.

Mr. McDowell. I sincerely hope the amendment will not prevail. I
cordially agree with the committee on the judiciary in the propriety of
fixing a minimum salary in the Constitution for judicial officers, and I do
not think their minimum too high. In some considerable experience in
another State, I think my experience will correspond with that of other
gentlemen. I have found that you cannot get the best judicial talent on the
bench unless you offer an adequate salary. I take it, no man will deny
the proposition that it is not important to have the very best legal talent
on our bench, particularly the supreme bench. In order to withdraw a
lawyer from a lucrative practice and induce him to take a position on the

154 Convention Proceedings and Debates.

bench you have to ^ve him something more than the empty honor. In
Ohio where the minimum was fixed at fifteen hundred dollars for the
common pleas judge, it was found, in populous counties, embracing large
towns where the expense of living was high, that the judges could not live
upon the salary they received; and there has been petition after petition
sent up to the Legislature of Ohio asking for a provision to change the
Constitution in that particular. The people are dissatisfied with the
salary, and the judges are resigning. You cannot find in the State a
single common pleas judge who could live upon the salary. A lawyer in
good practice makes a good deal more than two thousand dollars a year,
and unless a lawyer is in pretty good practice I take it he is not fit to be
elected to the position of judge. You cannot get a man to give up a
practice that pays him more than the minimum rates under the Con-
stitution to accept it.

Mr. Chairman, I hope the Convention will sustain this proposition. As
a question of expense it is a mere minor consideration, which practically
amounts to little. Gentlemen have voted to fix the number of members
in the Legislature at seventy-five. The question of expense did not seem
to influence them in that action; and that expense will be much larger
than this can be. I never heard a tax payer object to giving a good salary
to judicial officers. Before that judiciary his rights may come to be ad-
judicated upon, and he wants the very best legal talent to pass upon those
questions. And when it is evident that talent cannot be obtained without
some inducement in the way of salary, it seems to me inevitable that
[*74] gentlemen will sustain the ^proposition. The people of Cincinnati,
although taxed more than the people of any other part of the State, cheer-
fully gave the judge of their superior court a salary of thirty-five hundred
dollars, and they have got the very best legal talent in that court. Sitting
side by side was the common pleas court upon a salary of fifteen hundred
dollars. That court has usually been filled by young lawyers of small
practice and small ability. I think that gentlemen will find the people
will not object to gi\ang good salaries to their judicial officers. I hope
the proposition will not be changed, but that the recommendation of the
committee will be adopted.

Mr. J. Blood. I propose by my amendment to leave the matter of
salary with the Legislature to fix.

Mr. McDowell. You propose to strike out — practically the same
thing.

Mr. J. Blood. Mr. Chairman, in reply to the complaint of inability to
procure good legal talent for a less salary than two thousand dollars a
year, I will say that I was informed by the Judge of this circuit (Judge
Williams) that he did preside as a Judge in the State of Iowa at a salary-
of but one thousand dollars a year. I have no doubt but that for a few
years to come the best legal talent of the Territory could he obtained for
a less salary than two thousand dollars. If left to the Leiislature the
salary can be raised to two thousand or a higher amount. The committee
report says it never shall be less than two thousand, without limiting the
amount.

Mr. LiLLiE. I do not think it best for this Convention to restrict the
salary of Judges to not less than two thousand dollars. It is probably
right we should restrict the Legislature in some things, but not to that
extent. In Missouri fifteen hundred dollars has secured good judges. It
is not always the case money will secure good legal talent. I am in favor

Thursday, July 14, 1859. 155

of gi\ang good and sufficient salaries to judicial officers, but I think two
thousand dollars too much for the minimum.

The amendment was adopted upon a division — yeas 20, nays 16.

The motion was agreed to by consent.

Mr. Stinsox suggested that the word "Judges" in this section be made
"Justices."

It was agreed to by consent.

Section 14 was then adopted.

Section 15 was read.

Mr. Slough. Mr. Chairman, 1 move to strike that section out. It
was pro\'ided for yesterday in the article on the Legislative Department.

Mr. McDowell. I don't think it is provided for.

Mr. Th.^cher. It amounts to the same thing with the exception that
the carr}dng into execution must be by a two-thirds vote of the Senate.
I think the section should be stricken out.

Mr. Kingman. I understand a man can be impeached only for high
crimes or misdemeanors; and if we have a person thrust upon us in this
position who is not quaUfied shall we have to bear with that affliction for
six years?

Mr. Slough. It seems to me that in the section adopted yesterday
large power was given to the Legislature to impeach.

Mr. BuRRis. The word "impeachment" and the term "removal from
office" are not synonjinous. "Impeachment" carries with it removal from
office, but removal does not carry with it the idea of impeachment. If a
case should arise where the judge is removed and no charge brought against
him and sustained, it would be proper that this section should be retained;
but believing it is possible — barely, perhaps— that it might be proper to
remove a Justice from office and get [yet?] the charge of impeachment not
be sustained against him before the Legislature, I shall vote against striking
that section out.

[*75] *Mr. J. Blood. I am opposed to striking out. Every lawyer is
aware it is almost impossible to impeach a Judge — while all admit cases
do occur where it is desirable that he should be removed.

The motion to strike out was lost.

Mr. Stinson. I move to insert "Justices of the Supreme Court and"
before the word "Judges."

It was agreed to by consent, and section 15 was adopted.

Section 16 was read.

Mr. Kingman. I move to insert the word "Justices" before "Judges"
so that it will read "the several Justices and Judges," &c.

Agreed to by consent.

Section 16 was then adopted.

Section 17 was read and adopted.

Section 18 was read.

Mr. McDowell. Mr. Chairman, I would suggest that one or two
counties have been left out; the county of Wilson I am told is probably
organized.

Mr. Kingman. The committee inserted all organized counties they
could find.

lob CoxvEXTiox Proceedings and Debates.

Mr. LiLLiE. In the fifth district is the county of Wilson.

Air. Stinson. Is it organized?

Mr. LiLLiE. I guess it is not yet organized.

Section IS was then adopted.

Section 19 was read and adopted.

Section 20 was read.

Mr. Hutchinson. Mr. Chairman, I move to strike out the entire
section.

Mr. Kingman. That provision was the subject of a great deal of
ridicule in an adjoining commonwealth at the time of its adoption, but
has since saved to that commonwealth thousands of dollars. In case the
judge does not appear, and the litigants and others connected with the
suit are present, the bar proceeds to the election of a Judge in place of
the one absent, and in that way more money has been saved to litieants
than would pay the salaries of all the judses in that commonwealth.
Another important consideration is that verj' frequently the men who may
be selected as Judges of the district court will be men who have shown
themselves qualified by obtaining considerable practice, and with a large
number of cases before them in many of which they may have been in-
terested— those cases, without some such pro\dsion as this will have to be
moved into an adjoining district and the parties denied the benefit of a
speedy trial, besides being put to considerable extra expense. I think some
provision of this character ought to be inserted, so that in case the judge
is interested as a party to the suit, and conceives that he is prejudiced,
the bar can make a selection of a judge, and so the case be permitted
to go on.

The motion was laid on the table.

Mr. Slough. Mr. Chairman, I move that the committee rise.

The motion was agreed to — the committee accordingly arose, and re-
l)orted the Article IV (Judiciary) to the Convention with sundry amend-
ments.

The President. What disposition will the Convention make of the
report ?

Mr. HiPPLE. I move that it be taken up and considered section by
section.

The motion was agreed to.

Sections 1, 2, 3, 4, 5 and 6 were read and adopted.

Section 7 was read.

Mr. BuRRis. Mr. Chairman, I desire to offer a substitute for section 7,
.is follows:

"Section 7. There shall be elected in each organized county one clerk
of the district court who shall hold his office for the term of two years, and
whose duty shall be prescribed by law."

We have already decided that the term of office of the supreme court
clerk shall be two years — that seems to be the term set for most of the
officers — and it seems to me that the clerk of district court should not hold
[*76] his office *longer than the supreme court clerk and reporter. But
the principal point I wish to call attention to is that my substitute does
not provide for his being the clerk of any other court. The section as
passed by the committee declares that the clerk of the district court in
each countv "shall be clerk of all other inferior courts of record in such

Thursday, July 14, 1859. 157

county," &c. It seems to me one court would be sufficient for him to be
clerk of. I prefer that he hold office for two years, be duly the clerk of the
district court, and let there be provision made for the clerks of other
courts. Let the district court clerk be merely the clerk of the district
court. If the Legislature provides for other courts let it provide also for a
clerk.

The substitute was adopted, and then the section as amended was
adopted.

Section 8 was read.

Mr. BuRRis. Mr. President, I desire to amend by adding after the
words "habeas corpus"' the words "and injunction." It does seem to me
the probate judge ought to have authority to grant a writ of injunction,
and let that be returned to the district court.

Mr. Thacher. I agree with the gentleman, but I would ask if in the
17th section the Legislature have the power to do that thing?

Mr. Slough. No doubt about it. I move to lay the amendment on
the table.

The motion was agreed to.

The section was then adopted.

Section 9 was read.

Mr. McDowell. Mr. President, I have an amendment to section 9.
Aft^r the word "years" insert "and who.se jurisdiction in cixdl cases shall
never exceed fifty dollars."

Mr. Thacher. I move to amend by inserting m lieu of "fifty" "five
hundred dollars."

Mr. Kingmax. I move to lay both amendments on the table.

Upon this motion the yeas and nays were demanded, and being ordered
and taken resulted — yeas 12, nays 36 — as follows:

Yeas — Messrs. Blunt, Foster, Greer, Griffith, Hubbard, Ingalls, Mc-
Dowell, McClelland, McCuUough, Ritchie, Stinson, Simpson — 12.

Nays — Messrs. Burnett, Brown, Barton, Burris, J. Blood, N. C. Blood,
Crocker, Dutton, Forman, Graham, Hippie, Hutchinson, Hanway, Hoff-
man, Houston, Kingman, Lilhe, Lamb, Aliddleton, May, JNIoore, McCune,
Palmer, Parks, Porter, Ross, Signor, Slough, Stiarwalt, Stokes, Thacher.
Townsend, J. Wright, Wrigley, T. S. Wright, Williams— 36.

So the amendments were not laid on the table.

Mr. Stinson. Mr. President, I move to amend the amendment by add-
ing after the word "j^ears" the words, "and whose jurisdiction in civil cases
shall not exceed one hundred dollars or extend to any case involving title
to real estate."

Mr. Thacher. I move to insert in place of "one hundred" "'five hun-
dred dollars."

The amendments were laid on the table upon a division — affirmative 20,
negative IS.

Mr. HipPLE. Mr. President, I move to amend where the word "two"
occurs by making it read "three." "Two justices shall be elected in each
township, or ward, whose term of office sliiiU be three years."

Mr. Thacher. I second the motion, and call for a diNision of the
question.

Mr. PREsmENT. A division is not in order under the rules.

158 Convention Proceedings and Debates.

Mr. Thacher. I think I can refer —

The President. The gentleman is right. This is a motion to strike
out and insert.

Mr. J. Blood. I move to amend the amendment by striking out and
inserting "one" instead of "three years."

The motion was rejected; and the amendments were laid on the table.

Mr. McDowell. Mr. President, I desire to alter this section so that it
may read "two" justices of the peace, instead of "one." I am satisfied that
such an amendment would save a great deal of special legislation, be-
cause all our townships are large, as laid out, and those that do not now,
soon will be compelled to have as many as two.

[*77] *Mr. BuRRis. Mr. President, I have looked into this matter some
considerably, and I cannot see any more necessity for two justices of the
peace in each township, and not as much, as there is for two judges of the
district court in each judicial district. Of course there must necessarily
be a provision made that if the justice of the peace before whom suit is
brought is related to either of the parties, or is interested in any way,
they can commence their suit in an adjoining township, just as a case is
taken to an adjoining district when the judge of the district court is
interested. Then there would be but little expense attending the change
to a neighboring township, for there would be but three or six miles to go.
The only question in my mind seems to be, whether one justice of the peace
could attend to all the duties of his office for the whole township. As it is
now, our justices have so little to do that they do not learn what the
duties of their offices are. I cannot see any necessity for a greater number
than one in each township, unless it should be in a very populous one
indeed. I cannot see why, when we come to the lower offices, we should
provide for a plurality of justices. I am in favor of having but one
justice, giving the Legislature power to provide for an additional number
in any township where it may be necessary. In the counties of Leaven-
worth, Atchison, Douglas, Doniphan, Shawnee and Wyandotte it may be
necessary to have an additional number, but in ninety-nine cases out of a
hundred one justice of the peace would subserve all the interest, for which
that office was created better than more. I hope the motion will not
prevail.

Mr. Stiarwalt. I think the amendment a good one, and I have this
reason to offer. Where there is but one justice of the peace in each town-
ship, that man is not all the time present in his office. While I am
against having four, I am in favor of having two. I do not think it ought
to be left to the Legislature. These justices are paid by fees for their
services, and if gentlemen who are elected don't wish to serve, they need
not. Should the people elect a man who is not competent, they will not
again. I think that one-half of the debts of a community goes before
justices of the peace; consequently the greater amount of money collected
is in that way; and we ought to have the justices' court so that we can get
at it handily, and if one is absent we should have another to apply to.

Mr. Burniott. Mr. President, we have a township ten or fifteen miles
in extent. If we have but a single justice, and he is disqualified, we are
under the necessity of going outside of the township some fifteen or twenty
miles to get at another. I think gentlemen can easily see the necessity for
more than one justice in this case. I hope the proposition will prevail.

The amendment was adopted, and the section, as amended, was adopted.

Sections 10, 11 and 12 were read and adopted.

Thursday, July 14, 1859. 159

Section 13 was read.

Mr. McClelland. Mr. President, I was not in when the amendment
was made to the section in the committee of the whole. I therefore move
to insert, after the words "term of office," where they first occur, the
words "Provided, such compensation shall not be less than eighteen hun-
dred dollars." I make this motion because I am satisfied the people of the
county will sustain it. This office should be filled by competent persons,
and it is certain, almost, that the place will not be competently filled
imless you give a sufficient remuneration for the services you ask.

A member. I move to lay the amendment on the table.

On this motion the yeas and nays were demanded, and being ordered
and taken, resulted — yeas 25, nays 21 — as follows:

[*78] *Yeas— Messrs. Burnett, Blunt, Barton, Burris, J. Blood, N. C.
Blood, Crocker, Button, Forman, Griffith, Hutchinson, Hanway, Ingalls,
Lillie, Lamb, Middleton, I\'ay, McCullough, Porter, Ritchie, Signor, St.ar-
walt, Townsend, T. S. Wright, Williams, Mr. President— 25.

Nays — Messrs. Brown, Foster, Graham, Greer, Hippie, Hubbard, Hoff-
man, Kingman, Moore, McDowell, McCune, McClelland, Palmer, Parks,
Ross, Slough, Stinson, Simpson, Thacher, J. Wright, Wrigley — 21.

So the amendment was laid on the table.

Mr. Graham. Mr. President, I desire to offer an amendment. Insert
after the word "office," where it first occurs, the words "Provided, such
compensation shall not be less than two thousand dollars each year." It
strikes me, sir, that the judse of the court is more important to the people
of new States than that of Governor, or any other officer. The judges have
in their hands the disposition of your property and your money. It strikes
me that everything should be done for the purpose of calling to the bench
the best legal talent of the country. As a safeguard to the interests of the
people, this is of more importance than anything else that will come
before us. To secure the best talent, I am well satisfied you must pay
well for it — if you have your best men upon the bench, you must pay
them a liberal compensation. I am satisfied from my experience in Kansas,
that the amount now fixed upon is not enough. Look at the enormous
expense those judges will be put to in traveling. When Judge Williams
presided in Iowa (he has been quoted as authority here) for one thousand
dollars, what were the facts of the case? I have it from that gentleman
himself. Giving a httle history of the incidents of his court there, he has
told me that when he stopped at farmers' houses, not one time in twenty
did they ever charge him a cent. Now, in this country, no matter how
humble or small the shanty in which you get a dinner, the charge is fifty
cents. There Judge Williams said no man thou-^ht of charging more than
sixty or seventy-five cents a day for a man and horse. But our prices will
range with those of California, where the judges are paid large salaries.
Mr. President, I haA'e no personal interest in this matter; I offer my
amendment only for the purpose of putting your best men upon the bench.
I am no lawyer, and can never fill the position myself. But I have a
great desire to get the best men upon the bench that your Territory can
afford, and you can't get good men without paying them well. Are you
afraid to pay these men enough for fear you may lose a vote? That is not
my situation, sir.

Mr. Stinson. Mr. President, I cannot say that I have not a personal
interest in this matter. I do feel a personal interest to see this motion
carried. I desire that when the new State of Kansas sends forth its re-

160 Convention Proceedings and Debates.

ports to the country, they shall carry disoiity and force with them, and not
as the early reports of many of our Western States have been — a mock
and a by-word. You cannot, in Kansas or elsewhere, get a man fit to
occupy a seat upon the supreme bench whose practice is not worth more
than two thousand dollars a year. I agree with my friend from Atchison,
(Mr. Graham) it is a responsibility that no man ought to shirk. If any
man believes that a man fit to occupy a place on the supreme bench whose
services can be procured for less than two thousand dollars, I stand here
to tell him he is under a misapprehension of the facts. I speak by the
card. I know something of these matters. I wish to place it beyond the
reach of a body which may not have the same amount of independence
which this Convention I hope has. If the Legislature should come and fox
the salary at a less sum than we now ask, every bench would soon become
vacant. It is only upon the supposition that you can have cheap judges
that you should put it below this; and I do not want to practice before a
[*79J cheap judge. This *is the lowest rate that ought to be established,
and I do hope, and shall hope, that the Legislature will bring the salary
of our judges up to the highest — say twenty-five hundred or three thousand
dollars — and the State would be benefited thereby.

Mr. Blunt. Like the gentleman from Atchison, I am no lawyer, and
consequently never expect to derive any benefit in the matter other than
what I derive in common with all the citizens of this Territory, but I do
believe it is necessary, in order to carry out the idea of retrenchiment that
has been suggested here, to curtail the salaries of officers of the Territor>^
The curtailment should be apphed to some other department than the
judiciary. I consider the matter of securing good legal talent upon our
bench, as one of very great importance. It is a matter which affects us
all. Before that tribunal we have a common interest. It is there where
all matters pertaining to our individual interests, our property, and indeed
our life itself, depends. I know there is now no person practicing his
profession in Kansas who has the legal talent sufficient to qualify him to
.sit upon the supreme bench, who does not make more than two thousand
dollars per year. I have seen the practical operation of this thing of
working judges on low salaries. In Ohio, where the salary was fifteen
hundred dollars — but which, I believe, they have increased to eighteen
hundred — in the district in which I resided we never had a judge who sat
on the bench more than one year. There was many a man in the pro-
fession of law who would accept the place just long enough to be dubbed
''Judge," and then resign, from the very fact that the salary was not
sufficient to pay the expenses and afford a livelihood. Such will be the case
in Kansas, unless we provide against it. Let us then fix the minimum
salary at an amount which will secure good legal talent; and if it is
necessary, in order to carry out this provision, to retrench in some other
department, I am perfectly willing to do it.

Mr. J. Blood. I do not understand there has been any proposition to
lower the salary. The question is whether this Convention shall fix the
salary at a high rate and prohibit the Legislature from ever lowering it.
In reply to the assertion that it is impossible to procure the best talent
for less than two thousand dollars, I would say, I differ in opinion with
those who take that view. In the State of Wisconsin the salary of judges
was fixed at fifteen hundred — the circuit judges performing the duties of
circuit and supreme judges — and there was no difficulty in procuring the
best legal talent of the State upon the bench. Men of more ability than
perhaps any other lawyers in the whole West, presided for years at a

THtRSDAY, July 14, 185!t. 161

salary of tifteen huudred dollars, and there never was a complaint that it
was too low.

Mr. Houston. Mr. President, I hope this amendment will not prevail.
I do not think we should load this Constitution, as it is to come before the
people. One of the objections to which this Constitution may be liable,
will be the expensiveness of the government. The Legislature, when as-
sembled, should be competent to give your judges two thousand or five
thousand dollars. If one thousand will not secure the requisite talent,
let them offer more — let them offer such a salary as will secure the
services of a competent judge. 1 hope gentlemen will take no such posi-
tion as the one proposed. It seems to me unnecessary, and as likely to
defeat the Constitution before the people. Some sixteen or eighteen
thousand dollars I am unwilling to pay for our judicial salaries, when I
beheve the business can be done for ten thousand dollars for years to come.

Mr. Wrigley. I move to amend the amendment by inserting "fifteen
hundred" instead of "two thousand."

Mr. J. Blood. I move to lay the amendments on the table.

The yeas and nays were" demanded, and being ordered and taken, re-
sulted— yeas 21, nays 29 — as follows:

Yeas — Messrs. Burnett, Barton, J. Blood, N. C. Blood, Crocker, But-
ton, Griffith, Hutchinson, Hanway, Hoffman, Houston, Kingman, Lillie,
Lamb, Middleton, Stokes, Thacher, Townsend, Wrigley, Wright, Williams
—21.

[*80] *Nays — Messrs. Blunt, Brown, Burris, Foster, Forman, Grahnm,
Greer, Hippie, Hubbard, Ingalls, May, Moore, McDowell, McCune, Mc-
Clelland, McCuUough, Palmer, Parks, Porter, Ritchie, Ross, Signor.
Slough, Stinson, Stiarwalt, Simpson, J. Wright, Wrigley — 29.

Mr. Wrigley. I withdraw my amendment to the amendment.

Mr. Thacher. Mr. President, I have thought of this matter consider-
ably, and this consideration occurred to my mind. The supreme court will
have comparatively nothing to do for some years to come. Their duties
will be performed in a space of time not to exceed two months in each
year, and it strikes me the salary is too large for their time actually occu-
pied. The district judges will have all they can do from the start. I do
not believe you can get any Legislature together which will fix the salary
too low, and therefore, although I was originally in favor of two thousand
dollars as the minimiun, I think it proper to vote as I did, and leave it to
the Legislature.

Mr. Graham. Mr. President, my friend thinks there is no danger of
the Legislature fixing the salary too low. I think different, from having
facts to stand upon. In the State of Indiana the Legislature fixed the sal-
ary at one thousand dollars a year. Judge Pettit, your present supreme
judge, was elected there, and the district which elected him made him up
two thousand five hundred dollars by donation, from the very fact they
could not get a good, talented man to take that office at one thousand dol-
lars a year. I know men usually want to return to the Legislature. The
dear people are always in their ejTS, and they are afraid to increase sal-
aries for fear it will injure them among their constituents. This is a place
where I hope we have come together without any prejudices, to make a
Constitution that will be a creditable one to the country, and stand side by
side with any of the thirty-three.

Mr. Wrigley. Mr. President, I very heartily support the amendment

11 — 778

162 Convention Proceedings and Debates.

of the gpnt'eman from Atchison (Mr. Graham). Let me call the atten-
tion of the Convention to this section. It provides that these judges shall
receive no fees or perquisites. I believe it is not common in Constitutions
of the States to prohibit judges from practicing law. We have done so,
or will do so in this Constitution. They will then be shut out from all
practice, and their expenses will be large in traveling in their districts.
But I wish to advert to a little experience I have had in this matter. In
Indiana their judges have but one thousand dollars, and that office goes
begging for suitable persons to take it; and it is chfficult to get any person
to accept the nomination who is competent. In one of the most important
circuits, a man was elected who was especially unqualified, and the bar
almost unanimously requested his resisnation. He trampled upon the
rio'hts of litigants, and not only disgraced himself, but the position he occu-
pied. He refused to resign, and the Legislature had to take the matter in
hand and make a new district out of his four counties — assigning to him
only one county with a small population. I tell you, Air. President, you
cannot get men to take this position for a less salary than two thousand
dollars a year. I believe the salary should be fixed or limited now. Be-
fore the Legislature will meet, nominations will have to be made, and you
wiU find it difficult to get men who are qualified to trust this thing of
salary to the hands of the Legislature.

Mr. Wright, of Nemaha. Mr. President, I know something about that
matter in Indiana. In one of the districts, composed of seven counties,
thev sot Judge McCarthy, one of their ablest judges— s' nee ejected to
the' Senate of the United States— to fill that place for years, and I know
plenty of men that could be found for one thousand a year. I know of the
circumstance spoken of by the gentleman who has just taken his seat; I
know that judge was illy qualified for the place, but he was put there
under circumstances got up for political trickery.

Mr. Wrigley. Mr. President, the gentleman undoubtedly refers to my
remarks. I do not understand that he says I misstate the facts in the
case. I said that a man in Indiana was chosen judee who was not com-
petent to fill that position; that he was requested by the bar to resign,
but refi'sed; that the Legislature created a new district out of his and
assigned to him a single county. If this is not a correct statement I desire
the gentleman to correct me. I also stated that the office of judge goes
begging in that State; and if that is not correct I desire to be corrected.

Mr. Greer. Mr. President, I do not rise to take part in this discussion,
but merely to state what I know; as it may have some weight. I resided
in the State of Indiana prior to the adoption of its present Constitution,
and when the judges were elected by the Legislature, and competent men
were always on the bench. After the adoption of the new Constitution
[■*81] judges '-were elected by the people. From some cause or other
such a class of men were elected to the circuit judgeship as were found
totally incompetent; which produced such a want of confidence in these
courts that in a short time the business of these courts was increased from
about two or three hundred cases on docket to some four thousand. The
consequence is that the attention of the Judges is so completely taken up
that now cases remain ujwn the docket of the Supreme Court for years,
because they are accumulating; and the Judges have not time to dispose
of all the cases that come up to be adjudicated. The reason of this ac-
cumulation of cases on the Supreme Court docket is that the circuits are
filled with men totally incompetent to discharge the duties of the bench.
Now, sir, in view of the facts, that the judge of the District Court shall

Thursday, Jlly 14, 1S59. 163

not receive practice — shall not hold any other office — his time totally de-
voted to public business, and cut off from making money in any other way
— it strikes me that SI, .^00 or S2,0C0 would not be too much. The people
would be perfectly willing to pay a competent man 82,000, in preference
to having an incompetent one for S1,S00. The people would not only be
gaining in a pecuniary point of view, but in the reputation of the judiciary
of the State. I think, from the manifestations here, that there ought to be
some" clause adopted, declaring that the Legislature shall not fix the salaries
of Judicial officers at a low price. If it is fixed at a low price the people
are the worse off.

Mr. Greer. I wish gentlemen to recollect that the titles to lands in
many sections of this country have not all been settled yet, and the people
\\ill go against a hidi rate of taxation and refuse to pay high salaries in
the beginning. I would like to see this matter placed in the hands of the
Legislature, because 1 feel satisfied that the people will be almost certain
to fight against this Constitution if it provides for a high rate of salaries
to begin on. I think it wise to let it remain for the Legislature to fix
hereafter.

Mr. BuRRis. ]\Ir. President, I desire to offer the following substitute
for the whole section:

"Section 14. The Justices of the Supreme Court and Judges of the
District Courts, shall at stated times receive for their services such com-
pensation as may be prescribed by law, which shall not be increased dur-
ini their respective terms of office; Prov'ded, such compensation shall not
be less than fifteen hundred dollars to each Justice or Judge thereof, each
year, and such Judges shall receive no fees or perquisites, nor shall hold
any other office of profit or trust under the authority of this State, or the
United States during the term of office foV whir-h such Judges shall be
elected, nor practice law in any of the courts of this State during their
continuance in office."

Mr. McClelland. Mr. President, I shall oppose this amendment.
In our county they are as careful about high taxes as they can be any-
where, and the onlv thinsr T am instructed upon is to create a few offices
and give to them fair salaries. I think the salary proposed by the com-
mittee is not at all too large.

Mr. Bl'rris. ^N'^r. President, either the gentleman from Jefferson (Mr.
McClelland) or I am laboring under a misapprehension as to the effect of
the last amendment. The jiroposition of the gentleman from Atchison
(Mr. Graham) was that the salary should not be greater than $2,000.

A voice. "Not less."

Mr. Burris. I misunderstood it. I was under the impression it read
"shall not be greater." I will withdraw my substitute.

Mr. Stiarw.\lt. ]\Ir. President, I shall be compelled to vote against
the amendment of the gentleman from Atchison, because I be^eve it a
bisger salary for the Judge's office than you will find in any new Consti-
tution, and more than one-half of the o'd ones. There are gentlemen in
Missouri that have been upon the bench at a salary of $1,000 a year — have
been sul)seciuently sent to Congress and have come back and accepted the
same office a^am. Either these gentlemen are very fond of sitting on the
bench or e^se they ?et alons wi+h +V>e compensation pretty well. I would
vote for $1500 but shall oppose $2000.

164 Convention Proceedings and Debates.

The President. The hour of 12 o'clock having arrived, the Convention
stands adjourned till 3 o'clock.

And accordino;lv, the Convention took :\ recess till 3 o'clock p. m.

Thursday, July 14.
AFTERNOON SESSION.

Mr. President. The order of business is the consideration of the re-
port of the committee on the Judiciary Department. At the time of ad-
journment, the Convention was engaged in the consideration of section 14,
the question being upon an amendment offered by the gentlem^an from
Atchison.

[*82] *Mr. McDowell. Mr. President, before the vote is taken upon
the amendment, I desire to state a few reasons which present themselves
to my mind why there should be fixed a minimum salary for District
Judges in the organic law; and against leaving the question for legislative
action. The gentleman from Douglas (Mr. Blood) whose substitute was
adopted this morning says he does not propose to cut down the salary,
to prevent the Judges from getting a good salarj', but he simply proposed
to leave the whole question to the Legislature and let them determine
from the facts before them what would be a fair and proper compensation
for the judiciary.

But again, sir, this question of whether we shall have a good, stable, re-
liable judiciary is one second to none other in importance that comes
before this Convention, and I start out with the proposition that unless the
judiciary is well paid it will be, instead of what it ought to be, a credit
to the State, a positive disgrace. Nothing so much, sir, fixes the character
of a State as the character of its judiciary. Let it be understood that you
have a bench that understands the law — that properly expounds the law
— and it is conceded that your laws are enforced, and at once a confidence
is enkindled in the State and its institutions. But, on the contrary, if you
have your laws and judicial interests left to the control of inefficient,
weak and unqualified men, it defeats and turns the whole thing into dis-
grace. I think I cannot be wrong, sir, in saying that although there may
be some considerable expense attending the rule, yet the rule is, that if you
cannot secure the best talent unless you offer some pecuniary inducements;
and without the best talents you cannot have the best judiciary. I object
to leaving this question to the Legislature, because in Legislative bodies
there are always a great many more politicians who will be afraid to do
justice to this subject because they may have some votes. I trust no
such considerations can influence us. We have assembled under different
auspices, and we ought not only to be firm, but in such cases as this we
ought to be hberal. If the proposition comes before the Legislature you
will have some such remark as this — it is familiar to every one who has
watched this system. One man from some county, to whom a half dollar
is a large sum of money, will say: Our best men are willing to work for
two dollars a day, as good men as Judge A or B, and can't see why they
should give A or B four or five dollars a day, while his neighbor gets but
two. Th'S is the kind of arguments some gentlemen carry into Legis-
lative bodies. In the State of Ohio, this question of Judicial salaries has
been brought frequently before the Legislature since the adoption of their
new Constitution. The people have petitioned to have it changed, and
their petitions were met by just such arguments as that, and it was found

Thursday, July 14, 1859. 165

that such gentlemen are in the majority. Where you once fix the salary
it cannot be increased; and if you leave the whole question to the Legis-
lature, without fixing the minimum below which they cannot go, they
will go to that and never increase it. Hence the importance of fixing a
minimum. It is said that the Judees years ago in other States — men
learned in the law — accepted Judicial places at a salary of $1,000; but
the expense of living then was not one-half what it is now. A man could
stop at the best hotels then for seventy-five cents a day, but now it is
two dollars in a new country. My experience is that the expense of living
in a new country is higher than in older States and larger cities. I will
venture the prediction that a man of family in Leavenworth cannot live
upon a sum less than $1,500 a year. I take it that no man who is in
practice worth $2,000 will relinquish its immediate emoluments and the
prospect of an increase of that practice, for a position on the bench when
[*83] the salary will barely support *him. It is important too that the
reports should carry with them some superiority — they should be found in
law libraries, and the decisions of Kansas Judges should be quoted as au-
thority in the courts of all countries. This cannot be done unless we have
a respectable Judiciary. It is important that these reports should be
emanations from men of much learning and s^ood lawyers, because they
will be used as precedents — the decisions the judges first make will be re-
garded as law. No man can say, who is a citizen of this State, that he
may not in some way be called before these courts either to defend his
fife, liberty or property; and it is, it seems to me, a matter of the utmost
importance, that when such great questions are to be decided upon finally
in a method from which there is no appeal, that we should have as parties
who are to pass upon these questions, the ablest and best men in the
Territory. Then any inducement to secure this kind of talent should be
resorted to by this Convention in order to accomplish this end. I hope
the Convention will meet this question in a spirit of candor, and look at it
in all its bearings, and so it seems to me there can be no two opinions
upon the subject. I ask gentlemen to come up to the question in this
spirit of fairness, candor and truth, and do what they ought to do in re-
lieving themselves from responsibility.

Mr. J. Blood. Mr. President, I propose to offer a substitute for the
amendment of the gentleman from Atchison (Mr. Graham) as follows:
"Provided, such compensation shall not be less than $1,500 annually." I
did say that we had not proposed to fix the salary of judges at any par-
ticular sum, but desired to leave that to the Legislature. That does
not seem to be satisfactory, and as a compromise I propose this substitute,
which I_ think is fair. It is my opinion that if we fix the minimum at
$2,000, it will create a great deal of dissatisfaction, and I fear it will en-
danger the adoption of the Constitution by the people. One gentleman
has remarked that his constituents instructed him to provide for a small
number of officers, but to give them a liberal salary. Now I proposed to
reduce the number of judges to five for the present, but the Convention
have decided to provide for the election of eight. The gentleman seems
anxious to follow out the instructions of his constituents in the second
particular, but neglects to obey their instructions in the first particular.
For myself, I would have no serious objections to fixing the salary at
$2,000, were I confident a large majority of the people would be satisfied
with that sum, and I fear that it might endanger the adoption of the Con-
stitution. For these reasons I offer this substitute as a compromise.

Mr. Blunt. Mr. President, I desire to sav a few words on this sub-

16G Convention Proceedings and Debates.

ject. I hope the amendment will not prevail, but that this Convention
will agree to the amendment fixing the minimum salary at $2,000. 1 think
this is a matter of considerable importance, although none of personal in-
terest to me, it may be to some gentlemen of the legal profession upon
this floor. I have no interest in this subject but that in common with
other citizens of the Territorj^ From the arguments advanced here by
gentlemen who oppose the amendment of the gentleman from Atchison
(Mr. Graham) it seems that a fit of economy has come over them, and
they are fearful of inserting in the Constitution, as the minimum salary of
judges $2,C00, for fear, perchance, the people will reject the Constitution.
Now, I cannot speak for the whole Territory or any considerable portion
of it, but from the little knowledge I have of the people, I take it for
granted they are pretty sensible people, and fully appreciate the impor-
[*84] tance of this question — that they ap*preciate the importance of
securing good legal talent on the bench, and do not wish to avail them-
selves of that talent without giving an equivalent in the way of a liberal
compensation. If it is upon the point of economy and retrenchment that
we are to rule down to $1,500 as the minimum, I will suggest that, in lieu
thereof, we amend the section we passed yesterday, which gives to mem-
bers of the Legislature three dollars a clay, and insert two dollars a day.
Take it from members of the Legislature and give it to the judges of the
supreme and district courts. I am convinced you can secure, at two dol-
lars a day, persons better qualified to represent the coimties in the Legis-
lature, than you can secure good legal talent upon the bench at $2,000.
Perhaps I should not feel so much interest in this question, had I not seen
the low salary principle in Ohio, where the whole thing is left to the Legis-
lature. Since the adoption of the Constitution of 1850- '51, the salaries
have been so fixed. I think the first time it was fixed at $1,200; that was
found to be insufficient, and it was raised to $1,500; and I be'ieve since to
$1,800. That fails to secure good legal talent in the State of Ohio, from
the fact that no person is competent to sit upon the bench but what
makes, from his profession, more than double that amount. Judces can-
not live without eating and being clothed, and providing the same for their
families. I was told by one judge who resigned, that he was forced to do
so on account of the insufliciency of the salary, and go back to the prac-
tice of law. I know that thing has occurred time and again; so that it is
seldom they can secure the services of a judge for more than one year at
a time. The office goes a-bexging. No one can accept the office unless
he accepts it merely for the honor, and has an ample fortune sufficient to
fall back upon. I believe if this question is properly presented to the
people — the importance of securing upon the bench men qualified to be
entrusted with our personal interests, with our lives and liberty — they
will be satisfied to have fixed in the Constitution the minimum salary at
$2,000. I am opposed to leaving this matter to the uncertainty of the
Legislature. If the Legislature see proper to increase the salary to $3,000,
I have no objection, and, indeed, think it would be proper to do so. I hope
the Convention will view the matter in that light which the importance
of the subject demands, and accept of the amendment proposed by the
gentleman from Atchison.

Mr. J. Blood. For the purpose of testing the sense of the Convention
upon the amendment of the gentleman from Atchison, I withdraw my
motion.

Mr. Thacheh. Mr. President, I move to lay the ;imendment of the
gentleman from Atchison on the table.

Thursday, July 14, 1859. 167

The yeas and nays were demanded, and being ordered and taken, re-
sulted—yeas 31, nays IS — as follows:

Yeas— Messrs. Arthur, Burnett, Barton, J. Blood, N. C. Blood, Crocker,
Button, Griffith, Hubbard, Hutchinson, Hanway, Hoffman, Houston, King-
man, Lillie, Lamb, Middleton, May, Moore, McCune, McCullough, Pres-
ton, Palmer, Ritchie, Signor, Stokes, Thacher, Townsend, J. Wright, T. S.
Wright, Williams— 31.

Nays— Messrs. Blunt, Brown, Burris, Foster, Forman, Graham, Hippie,
Ingalls, McDowell, McClelland, Parks, Porter, Ross, Slough, Stinson,
Stiarwalt, Simpson, Wrigley — 18.

So the Convention refused to lay the amendment on the table.

Mr. BuRRis. Mr. President, I now renew my substitute, as follows:
"Justices of the supreme court and judges shall receive such compensa-
tion as may be provided by law."

Mr. Slough. Mr. President, I move to amend the section by striking
out the words "and not more than $2,000."

Mr. Hutchinson. I move to lay the substitute and amendment on the
table.
[*85] *The motion was lost on a division— affirmative 18, negative 22.

Mr. Burris. I accept the amendment of the gentleman from Leaven-
worth (Mr. Slough).

The substitute was adopted, and then the section, as amended, was
adopted.

Mr. J. Blood. Mr. President, I propose to offer an additional section,
to be numbered section 15. It is as follows:

"Sec. 15. The Legislature shall impose a tax on all civil suits com-
menced or prosecuted in the district and all inferior courts, which shall
constitute a fund to be applied toward the payment of the salary of
judges."

Mr. J. Blood. Mr. President, I believe that if the people choose to go
to law, the parties themselves should pay the costs of the suit, and the
people should not be taxed to pay the salary of judges. That policy has
been adopted in some of the States, and in my opinion it is a good one.
I offer it to get the sense of the Convention.

Mr. Stinson. Mr. President, this is a new theory. I always understood
that it was one of the first provisions as well as the duty of a government,
to administer justice voluntarily between its citizens. I did not know that
a court should be self-sustaining. 1 know of but one State — the State of
Wisconsin — where a one dollar State tax is imposed upon every suit; and
that tax is generally, I think, covered up in some way, probably in the
clerk's office, before it arrives at the State Treasurer's office. I suppose it
will cost the State two dollars for every one it gets. I move to lay the
section on the table.

The motion was agreed to.

Mr. Slough. Mr. President, before we leave section 14, I desire to
amend its phraseology. The intention was to make the compensation
$1,500 to each judge. I suppose the Convention will consent to the cor-
rection. I desire to add the words "each year to each justice or judge
thereof."

A voice. I suggest "per year."

Mr. Slough. I like "each" better. That is English.

16S Convention Proceedings and Debates.

It was agreed to by consent.

Sec. 15 was read.

Mr. McDowell. Mr. President, I move to amend after the words
"judicial districts" by inserting the words "and supreme justices."

On motion by Mr. Stinson, the amendment was laid on the table.

Mr. TowNSEND. Mr. President, I would ask the meaning of the words
"compact territory."

The President. The matter is entirely with the Convention.

Mr. Slough. I suppose it means territory lying adjacent, contiguous,
lying together.

The sec. 15 was adopted.
Sections 17 and 18 were read and adopted.

Mr. BuRRis. Mr. President, I move that the further consideration of
this report be postponed till to-morrow.

The motion was rejected on a division — affirmative 17, negative 22.
Sec. 19 was read.

Mr. Blunt, Mr. President, I move to amend by striking Douglas
county from the fourth, and putting her in the first district.

Mr. Stinson. I move to lay the motion on the table.

This motion was agreed to upon a division — affirmative 26, negative 7.

The sec. 19 was adopted.

Sec. 20 was read and adopted.

Sec. 21 was read.

Mr. Ritchie. Mr. President, I move to amend by striking out the
words "by the bar."

It was laid on the table.

Mr. Hutchinson, INIr. President, I wish to change the last line. As
it now reads, "if the judge is absent in any single case at the hour the
court shall be called, if it be the judgment of the bar, they can appoint
[*86] any *person in his place, whether of the district or not. In all
probability they would appoint —

The President. The gentleman is out of order, unless he wishes to
offer an amendment.

Mr. Hutchinson. I move to strike out the words "in any case," and
insert the words "at the regular term." I am not strenuous about it,
however, since every member of the bar here is so disposed to carry the
point. I think it is giving them too much discretion to allow them to
appoint those of their own profession to preside in cases where they may
be already feed. I should think there ought to be a barrier made against
any such person serving in that capacity. I do not think it should be left
so open as it now stands.

On motion by Mr. Stinson, this motion was laid on the table.

Sec. 21 was then adopted.

Mr. McDowell. Mr. President, I move to refer this report to the
committee on phraseology and arrangement, and that it be printed.

The motion was agreed to.

education.

Mr. Greer. The article on the preamble and bill of rights is printed
and on our tables.

Thursday, July 14, 1859. 169

The President. A special order for this day is a report from the com-
mittee on education.

Mr. Thacher. I move that we go into committee of the whole on that
report.

The motion was agreed to.

The Convention accordinsly resolved itself into a committee of the
whole, Mr. McDowell in the chair, and took up the consideration of the
report of the committee on education.

Mr. Slough moved that it be taken up section by section.

It was agreed to.

Mr. Hutchinson. Mr. President, I would like to enquire of the chair-
man of this committee, for I have not read this report through, whether
there is a provision made for a superintendent of the school fund.

Mr. Griffith said he was not aware that the committee on education
had made their report to the Convention, as yet. To be sure, it was
printed and had been laid upon the desks of members, b\it it had not been
formally presented to the Convention.

On motion by Mr. Slough, the committee rose, and through their chair-
man reported that they had been considering the article on education,
which was improperly before them.

The President. I would enquire of the Secretary whether the records
show that the report has been made to the Convention? (The Secretary
answers aside). The Secretary says the records do not show any surh re-
port. The chair remembers that this report was made a special order for
to-day.

Mr. Slough. My recollection is different.

woman's rights.

Mr. Kingman. The committee on the judiciary, in connection with the
committee on elective franchise, to whom was referred petitions of certain
citizens in Douglas and Shawnee counties, protesting against the consti-
tutional difference made between the sexes, makes the following report:

The committee on the judiciary, to whom, in connection with the com-
mittee on elective franchise, was referred the petition of sundry citizens
of Kansas "protesting against any constitutional distinctions based on
difference of sex," have had the same under consideration, and beg leave
to make the following report: Your committee concede the point in the
petition upon which the right is claimed "that the women of the State
have, individually, an evident common interest with its men in the protec-
tion of life, liberty, property and intelligent culture;" and is not dis-
posed to deny that sex "involves them in greater and more complicated
responsibilities." But the committee are compelled to dissent from the
conclusion of petitioners. They think the rights of women are safe in
present hands — the proof that they are so, is found in the growing disposi-
[*87] tion on the part of different Legislatures to extend and pro*tect
the rights of property, and in the enlightened, progressive spirit of the
age, which acts quietly but efficiently upon the legislation of the day.
Such rights as are natural are now enjoyed as fully by women as men.
Such rights and duties as are merely political in their character, they
should be relieved from, that they may have more time to attend to those
"greater and more complicated responsibi'ities" which, petitioners claim
and your committee admits, devolve upon women.

170 Convention Proceedings and Debates.

The theological view of this question, your committee will not consider.
All of which is respectfully submitted.

Sam'l a. Kingman, Sam. A. Stinson,

John J. Burris, J. P. Greer,

Geo. H. Lillie, P. S. P.-vrks,

Jno. p. Slough, Benj. Wrigley,

J. G. Blunt.

EDUCATION.

On motion of Mr. Slough, the report was ordered to be placed on file.

Mr. Slough. Mr. President, in view of the fact that we have what
purports to be the reports of several committees printed and lyins; upon
our tables before us, I move that these committees be called upon to re-
port. I move that the committee on Preamble and Bill of RiT;hts and the
committee on Education be called upon to report.

The motion was agreed to.

Mr. Griffith. Mr. President, in behalf of the committee on Educa-
tion, I am directed to make the following report:

"Sec. 1. The General Assembly shall provide for the election, by the
people, of a State Superintendent of PubUc Instruction, who shall hoM his
office for two years, and who shall have the general supervision of the
common school funds and educational interests of the State, and shall per-
form such other duties as shall be provided by law. County Superintend-
ents of Public Instruction shall also be elected in each county, whose term
of office shall hold two years, and whose duties and compensation shall be
prescribed by law.

2. The General Assembly shall encourage the promotion of intellectual,
moral, scientific and agricultural improvement, by establishing a uniform
system of common schools and other schools of a higher grade, embracing
Normal, Preparatory, Collegiate and University Departments, which
schools shall be open for the admission of pupils of both sexes.

3. The proceeds of all lands that have been, or may hereafter be
granted by the United States to this State, for the support of schools, and
the five hundred thousand acres of land granted to the new States, under
an act of Congress distributino; the proceeds of the public lands among the
several States of the Union, approved a.d. 1841, and all estates of deceased
persons who may have died without leaving a will or heir, and also such
per cent, as may be granted by Congress on the sale of lands in this State
shall be the common property of the State, and shall be and remain a per-
petual school fund which shall not be diminished, but the interest of
which, together with the rents of the lands, and such other means as the
General Assembly may provide, by tax or otherwise, shall be inviolably
appropriated to the support of common schools.

4. The income of the State school funds, together with any funds raised
in any other manner for school i:)urposes, shall be disbursed annually by
order of the State Superintendent to the several County Treasurers, and
thence to the Treasurer of the several school districts in equitable propor-
tion to the number of children and youth resident therein, between the
ages of five and twenty-one years; Provided, that no school district shall
be entitled to receive anj' portion of the income thus arising which shall
not have kept up and supported a school at least three months in each year.
[*88] 5. The school lands shall not be sold unless *such sale shall be
authorized by a vote of the people at an election authorized by law, but

Thursday, July 14, 1859. • 171

subject to revaluation every five years, they may be leased in any number
of years not exceedinci: twenty-five, at a per centum established by law.

6. The money which shall be paid by persons as an equivalent for
exemption from military duty, and the clear proceeds of estrays, owner-
ship of which shall vest in the taker-up, and the proceeds of all fines col-
lected in the several counties for any breach of the penal laws, shall be
exclusively applied in the several counties in which the money is paid or
fines collected, to the support of common schools, to be apportioned among
the districts as may be prescribed by law.

7. Provisions shall be made by law for the establishment of a State
University, for the promotion of literature, the arts and sciences, includ-
ing a Normal and Agricultural department, to be located at some pli^ible
and central point. The funds that may arise from the rents or sale of the
lands that may be granted by the United States to the State for the sup-
port of a State University, and any other grants, donations or bequests
which shall be made, either by the State or by individuals, for such pur-
pose, shall be and remain a perpetual fund, to be called the "University
Fund"; the interest of which shall be appropriated to the support of the
State University.

8. No religious sect or sects shall ever have any right to or control of
any part of the common school funds or University funds of this State.

9. The children of African descent shall be entitled to an equitable pro-
portion of the common school funds of the State, and the Legislature shall
make suitable pro\dsion for their education.

PUBLIC INSTITUTIONS.

1. Institutions for the benefit of the insane, blind and deaf and dumb,
and such other benevolent institutions as the public good may require,
shall always be fostered and supported by the State, and be subject to such
regulations as may be prescribed by law.

2. The directors of the Penitentiary shall be appointed or elected in
such manner as the general assembly may direct, and the Trustees of such
benevolent institutions as may be hereafter created, shall be appointed by
the Governor, by and with the advice and consent of the Senate, and upon
all nominations made by the Governor, the question shall be taken by yeas
and nays, and entered upon the journals of the Senate.

3. The Governor shall have power to fill all vacancies that may occur in
the offices aforesaid until the next session of the General Assembly and
until a successor to his appointee shall be confirmed and qualified.

4. The respective counties of the State shall provide in some suitable
manner for those inhabitants who, by reason of age, infirmity, or other
misfortune, may have claims upon the sympathy and aid of society, un-
der provision to be made by the General Assembly.

Mr. Slough. I move we d'spense with the reading of the report, and
that we go into Committee of the Whole on the subject.

Mr. Thacher. The Convention ordered a report from another com-
mittee. I suggest the gentleman withdraw his motion till we hear from
their chairman.

Mr. Slough. I withdraw my motion.

Mr. Hutchinson. As chairman of the committee on Preamble and
Bill of Rights, I ask for further time.

The President. Unless objection is made, further time will be granted.

172 CoNMiNTioN Proceedings and Debates.

Mr. Slough. I now renew my motion to go into Committee of the
Whole on the report of the committee on Education.

The motion was agreed to, and the Convention resolved itself into
Committee of the Whole — Mr. McDowell in the Chair, and took up the
Education article.

[*89] *0n motion by Mr. McClelland the report was taken up section
by section.

Section 1 was read.

On Mr. Kingman's motion the words "shall hold two years" were made
to read "shall be two years."

And so the section was adopted.

Section 2 was read.

Mr. Burnett. Mr. Chairman, I move to strike out the words "General
Assembly" and insert the word "Legislature."

The Chairman. By consent the same amendment will be made in the
first section.

Mr. Wrigley. I move to amend by inserting after the word "of" and
before "pupils" the word "white."

Mr. Bl'RNEtt. I move to amend by inserting the word "copper colored."

These motions were laid on the table on a division — affirmative 22,
negative 17.

The section was then adopted.

Mr. Lillie. It seems to me that last line does not read right.

Section 3 was read.

The Chairman. The chair would suggest that the words "General
Assembly" occur in this section. If there is no objection the Secretary is
authorized to make it "Legislature."

Section 3 was then adopted.

Section 4 was read.

Mr. Griffith. I would suggest an amendment after the word "arising,"
making it read "in which there shall not have been kept." &c. The opera-
tion of this would be to leave it in the power of a certain number of indi-
viduals to raise a school where the district should refuse to act.

Mr. Kingman. I will agree if you will put the word "common" before
the word "schools."

Mr. Griffith. I have no objection to that. The committee overlooked
that th'ng. It is possible that one-third of the inhabitants of a district
would be in favor and two-thirds against, this one-third then could go
forward, open a school, and be entitled to receive their proportion of the
fund.

The amendment was agreed to by consent, and section 4 adopted.

Section 5 was read and adopted.

Section 6 was read and adopted.

Section 7 was read.

Mr. Greer. I move that this section be stricken out.

Mr. Thacher. Mr. Chairman, I would like to hear a reason for so
doing.

Mr. Greer. One reason is that I am opposed to State Universities.
I think institutions of learning ought to be left to individual or private

Thursday, July 14, 1859. 173

enterprise. State Universities are often the subject of acrimonious con-
troversy between several portions of States; and as a general thing result
in no particular good.

Mr. Griffith. Mr. Chairman, I am one of those who believe that the
establishment of a State University would be a matter of great importance
to the future State of Kansas; but I am opposed to the establishment
of more than one. I believe that the interests of our future State require
that we should build up one magnificent college that shall not only give
instructions in the arts and sciences, but that shall have an agricultural
department where our sons may receive a thorough agricultural educa-
tion. I believe the wants of community demand such an institution. Let
us in the beginning make a fundamental pro\ision that we may establish
such an institution; so that if it should be thought necessary the Legis-
lature can have the power to do so. The Congress of the United States
will be likely to confer some magnificent land grants for this purpose
upon the States and Territories; and if so, let us use our part as W3
ought. I do not propose to make an argument upon this matter. I pre-
sume, sir, there is little difterence of opinion upon this subject. I do not
believe gentlemen can bring objections sufficient to influence this Conven-
[*90] tion to reject *this section. If I thought so, I should feel disposed
to enter into the discussion, and adduce reasons why we should adopt this
provision.

The motion was rejected.

Mr. Form AN. I move to strike out of the first line the word "shall" and
insert "may."

Mr. Houston. Mr. Chairman, in striking out that word you don't make
it obligatory upon the Legislature to take action in the premises — they
may or they may not. I do not know that I am very anxious for the
establishment of a State University — as they have generally been con-
ducted. But there is one branch that this Convention ought not to pass
over. I refer to an Agricultural branch. I hope gentlemen will take
some positive position in regard to an Agricultural College or Institution of
Learning. What are the facts? We have a vast extent of country ex-
tending north and south — a country that is high and rolling. On the west
our country for many years to come will be extending, and is now some
three or four hundred miles wide. This portion of the country is extremely
dry, and the properties of that soil have never been tested. It does seem
to me that it would pay well to place in that district an agricultural branch
that would give the highest possible development of that soil. I live
directly west of here. When I went there it was my conviction that
a large portion of that country would be worthless, but I have changed
my opinion from practical experience. I am convinced by peculiar cir-
cumstances that if an agricultural institution were located out there, it
would give value to that country, and would enable us to sell a vast
amount of land that will otherwise remain for one hundred years com-
paratively worthless to the State. I hope, gentlemen, you will consider
the importance of taking some step that will thus enhance the value of
one-half the land in Kansas.

Mr. Griffith. I am not tenacious about it, but in my judgment either
word is sufficient to give the Legislature power to act in the matter.

Mr. Blunt. Mr. Chairman, I think the words "shall" and "may"
admit of a different interpretation — have different meanings. I am in
favor of the proposition to strike out "shall" and insert "may." As the

174 Convention Proceedings and Debates.

section now stands, it seems that it is obligatory on the Legislature to
establish a University. I do not propose to speak of the utility of a State
University. I think the matter should be left to the Legislature. I think
the Legislature should not be made to act in the case. The word "may"
leaves the question open. Without using any argument for or against, I
shall vote for the proposition to strike out "shall" and insert "may."
The motion was rejected, on a division — aff. 16, neg. 17.

Mr. Button moved that the words "shall be made" read "may be
made."

Mr. Griffith. I would suggest that the word "may" will not be proper
language.

Mr. Prest. Winchell. I believe "may" is the proper word.

Mr. Blunt. My opinion is, "may" would be more appropriate.

The motion was agreed to and Section 7 adopted.

Section 8 was read and adopted.

Section 9 was read.

Mr. Stiarwalt. I move to strike out the whole section.

The motion was agreed to, on a division — aff. 26, neg. 6.

Mr. Slough. I move a substitute for Section 9 as follows:

"Sec. 9. Mixed common schools, or universities for children of white
blood and children of African descent shall not be permitted in this State."

The substitute was laid on the table — aff. 25, neg. 17.

Mr. J. Blood. Mr. Chairman, I propose the following substitute:
[*91] "Sec. 9. The State Superintendent of Pubhc '^Instruction, the
Secretary of State and Attorney General shall constitute a Board of Com-
missioners for the management and sale of school and university lands,
and for the investment of funds arising therefrom. Any two of said
Commissioners shall constitute a quorum for the transaction of all busi-
ness pertaining to the duties of their offices."

The substitute was adopted, and so that branch of the report was
passed.

public institutions.

The first paragraph in this branch of the report was read and
adopted.

The second paragraph was read.

Mr. President Winchell. I move that the words "General Assembly"
be changed to "Legislature."

'The Chair. I suppose that will be done by common consent.

So the paragraph was adopted.

The third paragraph was read.

Mr. President Winchell. I would suggest the same correction.

The Chair. If there is no objection, it will be made.

The paragraph was adopted.

The fourth paragraph was read.

Mr. President Winchell. I would suggest the same correction.

The Chair. It will be made unless objected to.

The paragraph was adopted.

Mr. Blunt. I move that the Committee rise and report progress.

Thursday, July 14, 1859. 175

The motion was agreed to.

The Committee accordingly rose and reported back the article on Edu-
cation with the foregoing amendments.

I\'^r. HipPLE. ]\Ir. President, I move that we take up the article and
consider it section by section.

The motion was agreed to and section 1 was read.

Mr. N. C. Blood. I move that the words "General Assembly" be
stricken out and "Legislature" inserted instead.

The PREsmENT. If there is no objection, this correction will be made.

And so the section was passed.

Sec. 2 was read.

Mr. McDowell. ]\Ir. President, I move to amend by inserting after
the words "admission of" the word "white," and ask the yeas and nays
upon my amendment.

Mr. Thacher. I move to lay the amendment on the table.

The yeas and nays were ordered and demanded, and being taken, resulted
— yeas 26, nays 25 — as follows:

Yeas — Messrs. Burnett, Blunt, J. Blood, N. C. Blood, Crocker, Button,
Graham, Griffith, Hutchinson, Hanway, Ingalls, Lamb, Middleton, Mc-
Cullough, Preston, Ritchie, Ross, Signor, Stokes, Simpson, Thacher, Town-
send, Williams, Mr. President — 26.

Nays — Messrs. Brown, Barton, Burr's, Foster, Forman, Greer. Hiriple,
Hubbard, Houston, Kingman, LiUie, May, ]\^oore, McDowell, McCune,
McClelland, Palmer, Parks, Porter, Slouch, Stinson, Stiarwalt, J. Wright.
Wrigley, T. S. Wright— 25.

So the amendment was laid on the table.

Mr. Stinson. Mr. President, I move to add to the section the follow-
ing words: "but no negro or mulatto pupils shall be admitted to such
schools."

A voice. That is the same proposition that we just voted down.

The PREsmENT. The Chair is under the necessity of ruling the motion as
not identical, inasmuch as the other amendment would have excluded
Indian children.

Mr. Griffith. Mr. President, I desire the Legislature to be left to pass
such laws upon this subjer't as they shall deem necessary. I hope sentle-
men will not say that our Constitution shall discriminate upon the difference
between persons. If we incorporate provisions that shall exclude any
class, the time may not be far distant when we may wish we had not done
[*92] so. If we leave it to public -sentiment, as expressed through the
Legislature of the State, the people all can govern in this matter. My
friends o\-er the way profess to be popular sovereignty men. Let us leave
this matter to the people then.

Mr. Stinson. Mr. President, we come from Leavenworth county repre-
senting a popular sovereignty constituency, whose will is in favor of ex-
cluding ne'^roes from the common schools of Kansas, and we don't w'sh
to let an opporturity go by without so expressing that sentiment. We
would be unfaithful to our trust did we do so. We want a record upon this
question, and we are as willing to take it upon a motion that takes it to the
table as in any other way, but we want gentlemen to stand by that record
before the people.

17b Convention Proceedings and Debates.

Mr. BuKRis. It is an old maxim that beggars should not be choosers. We
are talking about a fund that may be given us by the general government.
What claim has one class of men to the common benefits of this country
above that of each and all classes? If any gentleman can point out any
view or precedent that can be recognized in law or justice, we will yield
the point. We must proceed upon the supposition that the blacks are to
live in common with the whites. It is supposed that they are to mingle
and live together with irs. I ask if it is desirable to see that class of citi-
zens growing up in entire ignorance? If they are to live in the Territory
they should be made as intelligent and as moral as education can make
them. With these considerations I am willing to vote.

Mr. Kingman. Mr. President, I propose that our friends shall have
a fair opportunity, and hope no one will prevent them from speaking till
night if they want to, and then have a fair vote. I have no doubt but
that we shall vote to lay the amendment on the table, to expedite business,
more than from fear to have a record. What will it change, to which
gentlemen will so exclusively point? I am not particular how the record
stands.

Upon this question I have an opinion of my own. I will let my children
associate neither with those of the gentleman from Leavenworth nor with
those of the gentleman from Africa. If he is so fearful that his children
will be contaminated, let him provide for them as I do for mine. I know
that this who^e thing is for a record; and I intend to see exactly how
this record will read when it is done. No vote has been taken yet that I
don't know what it is worth. I intend to face the music fairly before my
constituents, and they are not particularly a negro-loving race of people —
some of them are not very strong negro haters, and I am one of that class.
I deny all prejudice against the race. If I could not rise above such a
feeling — could not protect myself against a few negroes, without provisions
of law heaped and crowded into every page of the Statutes — if I could not
hold my position socially and politically without such constitutional re-
strictions, I would just leave Kansas and go where majorities rule. I have
no hesitancy in saying that if ever a negro family should come into my
neighborhood, I should immediately object to their attending school with
the children of my neighbors — and I believe that neighborhood could
protect itself. The law does not say they shall ever go to school. It
leaves it for the people from time to time to regulate. But more than
all, and beyond all, and above all, it does not say that those who choose
to go to school with negroes shall not do so. It seems that the gentleman
from Leavenworth is not willing that those who want to associate with
the negro shall do so. He would declare that they shall not go to school
together whether the school be supported by the common school fund or
by voluntary contribution. He is anxious to make a record! I know
what it is to make a record; and I know what kind of a tune to play that
will vote it down.

Mr. Blunt. Mr. President, I am opposed to loading down every pro-
[*93J vision of our Constitu*tion with the subject of negroes. I am
aware that this is to come before us in some other departments of this
Constitution, when it will bring about considerable discussion. When the
time comes 1 expect to meet it, and shrink no responsibility; but I am
opposed to having the negro thrust upon us at every step as we advance. I
am also opposed to incorporating in this Constitution a provision which
shall prohibit the education of negroes if they so prefer. Society will
regulate itself. We don't know what will be the peculiar views of the

Thursday, July 14, 1859. 177

people of Kansas upon this subject before there will be a change of the
organic law. There may be a progress made by which the prejudices which
involve and surround this question of the admission of negroes or mulattoes
to our common schools may be laid aside; and then the Legislature could
provide for the education of persons of color. They might have the
benefit of our educational system, provided this black law does not pass;
but if it does, and they are excluded, why, then we will need no such
provision. As far as I am concerned, I do not need anything to protect
me from the embraces of a ne^ro. If our democratic friends over the way
need some legislation to protect them from mixing up and associating with
the negro, I am willing they should have it, but they can't have it with
my vote here. I propose to leave this question entirely open to the Legis-
lature, that society may regulate itself in this respect, and not bar the
Legislature from providing for the education of blacks, in case we have
them among us. When this question comes up here, I propose that they
shall face the music and take the pure white — none of your mulattoes
or copper skins. We will then test their sincerity.

Mr. Slough. Mr. President, gentlemen upon this floor need not under-
take to shield themselves from the position they have assumed, by throw-
ins ridicule at the minority upon this floor, for I tell them the iteople of
this Territory and the people of the State will hold them responsible for
what they are now doing. I believe the sentiment of this people is in
favor of the position of the minority here. I am desirous that we should
get an admission into the Union, and thus get rid of all complaints as soon
as we come into the confederacy. I fear if this section is not incorporated
the people will repudiate the result of our labors, and those instrumental
in betraying the trusts imposed upon us. The position assumed by gentle-
men is, that we have the right of self-protection. Now, if they do not
incorporate this provision in the section under consideration, gentlemen will
find to their sorrow that they have much mistaken their premises. The
negroes, claiming their rights under this Constitution, will sue in the courts
for their rights, and the courts cannot avoid them. Not even a Dred
Scott decision would save them. What is the language of the section?
"The Legislature shall encourage the promotion of intellectual, moral,
scientific and agricultural improvement, by establishing a uniform system
of Common Schools, and other schools of a higher grade, embracing Nor-
mal, Preparatory, Collegiate and University Departments, which schools
shall be open for the admission of pupils of both sexes." You might as
well add in as many words, "and of all colors." Unless you exclude those,
you incorporate all. It may be gentlemen have been raised with different
prejudices from those I possess, and with different ideas; but for me, sir,
I shall never consent, by my vote, or by any action of mine, that those
upon whom Nature's God has stamped inferiority, shall ever associate
with my children in our common schools, which I hope to assist in sup-
porting. I am not opposed to the education of the blacks. As far as
they are capable of elevation, I am in favor of according it to them; and
upon that I have made a record, that (in Ohio) perhaps no other man
here has had an opportunity of making — that whatever they contribute
[*94] to the support of Government may *be used to educate their
children. And I would go further and say they may have the control of
that fund; but I am not willing to contribute for their education. I am
opposed to the introduction of mixed races in our common schools; and if
we authorize it I believe the result will be that the people will repudiate
the Constitution which is to be the result of our labors here. I beheve that

12 — 778

178 Convention Proceedings and Debates.

our people, nine to one, would favor the introduction to the amendment
proposed. But, Mr. President, I did not expect this matter would come
up at this time. I am opposed to making long speeches, and I will con-
tent myself with standing by the position I have assumed.

Mr. McDowell. Mr. President, I feel that I owe to my constituents,
upon this tioor, a solemn duty that I more readily perform, as their in-
structions correspond with my own inclinations and feelings. I regard
this negro question as the only question of interest that was presented in
the late canvass. That the future State of Kansas should be free, was
conceded by all parties in this Territory; and whilst that was conceded,
it was expected that this Convention would incorporate into the Constitu-
tion an article excluding the immigration of negroes into the State. The
provision that my colleague (Mr. Stinson) submitted for the consideration
of this Convention, is necessary to be engrafted here, notwithstanding we
may not be able to carry the proposition of exclusion. We do not propose
to exclude the negroes now in the Territory. If we do exclude others from
coming here, it is proper for us to have a clause preventing the negroes
having the benefit of our common schools.

1 know my friend from Brown (Mr. Kingman), and I like to hear him
speak. He is largely gifted with the power "to make the worse appear
the better reason." He is also acquainted with, and has a quick and keen
perception of, the ridiculous; and he attempts to laugh out this question,
so important to the future generations in Kansas. Sir, whilst I admit the
magnitude of his powers in that way, this question rises superior to such
attacks. We must not dodge it nor shirk it. In justice to our constituents
we cannot do either.

I believe the latitude usually allowed, may permit one to digress from
the particular point in issue. Geographically we are situated upon the
margin of the slave states, that are gradually emancipating their slaves,
and, very naturally, this Territory becomes the receptacle of their free
negroes. Now, I propose to make this not only a free State, but a free
white State. We do not propose that this State shall be the receptacle of
free negroes and runaway slaves. The continual strife upon that subject
— the recurrence of these distracting questions, have more than anything
else tended to prevent our admission into the Union, and to blight the pros-
perity of the State. We propose to nip th's evil in the bud. We stand
upon' the record as believing that God Almighty, for some high puri)ose,
has established this inferiority of the black race, and stamped an inde'ible
mark upon them. Between the two races there is an unfathomable gulf that
cannot be bridged. If there are communities who bel eve they are no
better, we submit them to their tender mercies. We believe the two races
can never become homogeneous. All propositions of social equality only
tend to complicate tliis question, and hang round it questions that tend to
produce excitement; and we propose to cut it off now, at once and for-
ever. My constituents have spoken out upon this question, and I stand
up here to vindicate their claims in this behalf, and their pos'tion is my
position. It is idle to talk about the two races becoming common, or
about extending social privileges. They are not, by their constitution, our
equals. We cannot legislate them up to our standard. I propose to pre-
[*95] vent the aeitation of the question, by ex^hK^'ng them entirely.
The black race should not be allowed to hve in this Territory, as we do not
propose to have slavery in the new State of Kansas. . Now is the time for us
to act upon this question. It will not do to leave the question to the Legis-
lature, for, as we advance, this question becomes more complicated. Now
is the time, whilst there are few in the Territory. There are no legal ob-

Thursday, July 14, 1859. 179

jections to this course. In the Dred Scott case it was claimed that, since
they were made citizens in some States, it was a violation of one of the
principles of the Constitution of the United States for any State to deny
them those rights which are allowed to citizens of other States. The Dred
Scott case has determined that, while State laws may make these people
citizens, they are not so in the intention of the Constitution of the United
States. The only question, then, is one of expediency. I appeal to mem-
bers of the Convention — men who have come here to make an organic law
for a growing and great people — to look at this question in the light of
statesmanship, and have their action guided by that high authority, which,
seeino: the impossibility of the races becoming homogeneous, demands their
exclusion from our future State.

Mr. Thacher. Mr. President, another dark act in the blended drama
and tragedy of Kansas history is passing before us. A few years since, the
magnificent Territory whose supreme law we are assembled to frame, was
unpeopled and untouched by civilized man. Around it, upon every side,
stood the vigilant sentinels of freedom, guarding this splendid domain as
the inheritance of free men and free institutions. A holy and thrice hal-
lowed compact pledged all this beautiful land to liberty. But over the
barrier which protected it, past the sentinels whi"h guarded it, the slave
power, with lustful eye, looked, and planned to strike down those sentinels,
tear down that sacred barrier, and sweep over the object of their care with
an institution that blights and destroys all that falls beneath its influence.

That power found a willing and serviceable ally in the Democratic
party. Away went the A^issouri compact, with its sacred restrictions, and
this Territory became the arena of a fierce conflict between the two op-
posing influences, not only of this confederacy, but of the world. Upon
the one side was the Democratic party, having in possession everj'' depart-
ment of the government, strug^-ling by every means in its power to fasten
the odious and hated system of slavery upon Kansas. It was met, on the
other side, by the bold hearts and stout arms of a free people. That heroic
people, after enduring untoM sufferings, finally triumphed over their foe and
trampled the loathed and abhorred institution into the dust.

The scheme of making Kansas a slave State is abandoned by the
Democracy. But, with the true blood-thirstiness of s^ave-hounds, that
party seeks to wreak the chagrin and mortification of its s'snal defeat upon
the poor, helpless and unprotected race it sousht to chatteli'^e and imbmte.
As the hoary inouisitor, when Bonaparte wrenched off the gates of the
Basti'e and bid the ^mmured victims of bisotry and torture be free, fol-
lowed the obiects of his cruelty wHh imprecatioTis and bitter curses, so do
these hieh priests of oppression follow the crushed and down-trodden ob-
jects of iheir hate into the open air of liberty. With impotent malignity
they seek to visit upon the beings they were balked in enslaving horrible
reven"-e, as satisfaction for their defeat. No longer able to bind fetters
upon the limb of the s^ave — no lonsrer able to scourge and flav his back,
they now seek to subject him to cruel distinctions and abhorred imposit'ons,
and thereby gratify the malice and cruelty which the system of human
bondace ever inspires.

And yet this is the party that prates to us about the immutable prin-
ciples of justice and innocence! This is the party that brushes aside reason,
justice and truth, to howl at their opponents "fanaticism!" Oh! sir, I tell
[*96] '^you there is no fanaticism so wicked and cruel as the fanaticism
of crime! There is no fanaticism so bnitahzing, so dehumanizing in all its
features and characteristics, as the fanaticism of oppression.

180 Convention Proceedings and Debates.

In the discussion of this question — and discussion has wandered ^ far-^t
has been hissed at us by Democrats that the RepubUcan party is an
"amalgamation, a negro-equality party." And this charge comes from a
party sustaining and propagating a system whose basis rests upon prostitu-
tion and concubinage more loathsome and degrading than any that can
be found in the wide world. Mark the universal bleaching out of the
co'ored race in the South, and remember that in that region the Democracy
hold undisputed sway. There are there ten slaves to-day with Anglo-
Saxon blood coursing their veins, to one pure African.

Why, sir, the system of slavery, in its practical working, is a constant
intercourse between the races. Negro equality! there are men among you
who shriek this cry, who first saw the light in the arms of a negro nurse,
and from her breast drew the milk of infancy. Let such men never raise
a babble so insane and so reflective upon their own history!

What is the proposition gentlemen submit to us? It is to insert in
our Constitution a dark and forbidding feature, utterly opposed and re-
pugnant to true Republicanism. They tell us, by implication, that unless
the Constitution of a free and glorious State mar its beauty with a pro-
vision protecting the children of these gentlemen, they will mingle with
and become the companions of negro children. Well, sir, I suppose these
gentlemen, on the principle that "birds of a feather flock together," may
feel the necessity of this provision, but I do insist that the same necessity
does not prevail everywhere. I believe the great majority of the children
of this country do not need any such barrier of law to separate them
socially from those of a crushed race. It is hard to see or understand
why one thousand white children need a provision of law to keep them
from mingling with ten colored children. Though I am not disposed to
deny that Democrats may feel the want of such a safeguard, I submit
that the children of the vast majority of the people are not so negro-
tending or affiliating.

I utterly protest against any such feature being made part and parcel
of this Constitution. Over the school fund and its distribution, the Legis-
lature have complete and sovereign control. The only object gentlemen
can have in putting into this instrument any distinct provision on this
subject, is to make the Constitution as hated and odious as possible. The
whole thing came out the other day, when a distinguished Democrat on
this floor proposed to procrastinate for one year the freedom-clause of
this Constitution. The endorsement of that proposition only proved that
the Democracy is the same now as in the bloody days of '55 and '56;
and that it now desires to frame a Constitution so repulsive that the
people will vote it down. It must be for this purpose that these inhuman
propositions are made. Probably there will not be for years in Kansas
one person of African lineage, near or remote, to a thousand of white
descent; and yet we are met almost hourly by proposals to protect this
thousand from the one, and this, too, by gentlemen who have rmi with
slaves and been their companions for years!

This whole thing is nothing but an attempt to make party capital out of
prejudices. These men cannot care for this thing — it is only a trick to
make political gammon out of. 1 trust the Convention will lend an in-
different ear to this wicked clamor. A provision which sends forth our
Constitution blackened and charred, which no devotion to freedom can
efface, is one I do not wish to see.

A convention of slaveholders in Maryland has just been held, to see
whether any steps should be taken with regard to the free colored
[*97] *population. What did that convention do? Before adjourning

Thursday, July 14, 1859. 181

it pronounced, in most unmistakable terms, against the exclusion of that
class of persons. That convention passed the highest encomium upon that
class, and declared those persons a source of great wealth and profit to the
State. Shall we be less men than slaveholders? Shall we exhibit more
despotic hate than they? I am not argiiing for the colored man— I am
protesting against inhumanity.

• Gentlemen, I trust this proposition comes not from your hearts. Let
me believe, rather, it is your eagerness, in your forlorn condition, to make
party capital, that forces you to take this wicked shift. For the sake of
our common humanity, I hope this is so. It is an odious and wicked pro-
vision, hardly found in the Constitution of the worst slave-holding State
in the' Union ; surely you do not wish to engraft it upon ours.

What meaning would there be in our great struggle for liberty, what
lesson would it teach to the world, were we to close the fearful conflict
by an act as tyrannical and unnecessary as this?

• Shall Kansas, which has just come out of such an alembic of persecu-
tion and suffering, with her garments yet crimsoned with the blood of her
martyred sons, and her soil yet blackened with the embers of her burned
homes, frame a Constitution "that does not glow and radiate in every line
and syllable with the glad light of liberty and freedom to all? For the
sake of the Great Father of us all, who loves purity and hates oppression,
let me hope that this fundamental law of our land will be true to humanity
and true to God.

Mr. Ritchie. Mr. President, I am not able to do this subject the
justice that my heart would prompt. A few days ago, in this hall, I
praised the doctrine laid down by my friends on the other side of the
house, and I have reason to believe yet, from the high positions they
have held at times, and what education has done for a part of them—
those raised in the free State of Ohio — that they are not so radical at
heart as they appear to be on the surface — that there is enough of that
which is good to override the prejudices of the black democracy. It is
capital they want! I am for capital, too; but capital that will not ex-
clude the most humble individual, be he black, copper-colored, black
republican or black democrat. My aspirations are higher than mere party
considerations. Let us examine and see whether any party can be ele-
vated by taking the position that they take. I believe that it is generally
conceded that a black man is part of the human creation. If there is a
Democrat so far down in the scale of humanity here, that he does not be-
lieve this, I would like to hear an indication of it, or see it by the holding
up of a finger. The only question is whether that humble individual shall
be the subject of education. I hold it to be true, that our government is
to protect the weak vessels instead of the strong. If it were not for that
I would not stand before you on this occasion, as I come from a con-
stituency that I believe only have some half dozen blacks in the whole
county. I understand the party lines are to be drawn upon this issue.
Now 1 do not pretend to hold the republican party accountable for any-
thing I may say. I say they are divided upon, not what is right, but what
is expedient. Both parties agree in the great, God-given rights which
every man possesses. I would be for leaving any party that assumes the
position that we must be kept pure and holy, and exclude others of the
human family. Take that before the people! The party that does it
will be in a miserable minority. But I wish to show you, without any feel-
ing— I have felt — yet I hope what I do may be [done] in a spirit of for-
bearance and forgiveness. Nothing is to be accomplished here but by

182 Convention Proceedings and Debates.

reason. If I manifest any feeling, independent of this, I hope the Con-
vention will attribute it to proper sources. I am not disposed to take any
advantasie of feeling. Four years ago, the slavery men asserted, not only
the exclusion of blacks, but that any man that would get up and talk as
I am talking to-day, was to be excluded from the Territory. This was
the last remaining link of slavery. But we have stood up against all the
powers that have been arrayed against us; and now there is not a party
that would take it upon themselves to attempt to rid this Territory of
that class of human beings. Therefore, a necessity arises for a class who
will say that they shall be protected by education. Gentlemen assert here
[*98] that they are of a superior race. *This body is sufficiently in-
telligent to know that it is easy to make assertions; but there is no evi-
dence adduced to show that they excel Mr. Douglass — even the black man
Douglass. I desire to admit all that is fair in argument. When gentle-
men assert they are superior, I hope they will show this body wherein they
excel Douglass the darkey. Now, my friends, I am from a country [state?]
where this negro prejudice prevails to some extent. Large handbills were
once circulated, that a negro stealer had put up at a certain place, and
by him I was set down as all that was horrible and monstrous. The
black man and the slavery propagandist both alike have called at my door,
and both alike have eaten of bread procured by these hands. And, gentle-
men of the Democratic party, you are invited to call at that door, and
see whether it will be closed even against you. After suffering for four
years in defence of my own Uberty and that of my wife and children, I
think it is too late in the day to be scared at the howls of the Leaven-
worth delegation. I hope this negro question will be met, and we will
go home united to put down this opposition to education throughout the
land.

Mr. Griffith. Mr. President, I suggest that no discussion will change
any person's mind. I am willing to give the Legislature complete control
over this matter.

A motion to adjourn was made and rejected.

Mr. Houston. I wish simply to define my position — not to make a
speech. I regret the peculiar shape of this discussion, and the form it has
assumed. I think we have a duty to perform, and the simple placing of
ourselves upon the record is poor satisfaction. The 9th section, which was
stricken out, I had hoped would be incorporated. I will read it:

"Sec. 9. The children of African descent shall be entitled to an equitable
proportion of the common school funds of the State, and the Legislature
shall make suitable provision for their education."

I intended to move to insert the word "separate" before the word "edu-
cation"; and I will give my views. I am not legislating for the counties of
Riley, Shawnee or Leavenworth, but for Kansas; and it is my opinion that
the people are unwilling to have their children educated with the blacks.
For that reason I would be willing to forego my position when we come to
vote on the word "white." I wish them to have a portion of the sthoo!
fund, but insist that they have separate schools. It seems to me that this
discussion has assumed such a shape that we shall have to deed the States
to black, and ourselves to the other side of the house. There is no man
more radical upon many points than I, but there is no use for a man to
stop out in yonder stream and attempt to turn the- current with his own
power. When that prejudice which now is so universal .shall be removed,
I shall be willing that the State shall have a constitutional ])rovision for
the education of the children of both races in the same school. I under-

Thursday, July 14, 1859. 183

stand the second section includes every child in the State. It seems to me
by a legitimate construction of the words used, it includes every single
child black, white or Indian. Now if we are going to let them all come in —
take broad ground — let us stand up to the mark, by giving them a portion
of the public fund. I am in for that position.

Mr. Lamb. Mr. President, I have kept my seat on all occasions, per-
fectly willing to listen to older and wiser heads, but now I feel disposed to
offer some thoughts. In the first place, I do not present myself here as an
individual anything smart, or as having any education; I present myself
here as a common citizen of Kansas, representing a portion of the Territorj-
of Kansas. I have listened carefully to arguments presented upon both
sides. If I understand what the disposition of a portion of this House is,
they intend to exclude black men from the Territory. If they are to be
excluded from Kansas why put a provision in the Constitution that their
children shall not go to school in our Territory? I am in favor of leav-
ing this matter to the Legislature to act upon. It has been represented
here, that they are an inferior race — not equal to the whites. I admit they
are an inferior race, but there is a cause for that inferiority. That cause
has been developed here, upon this floor, this afternoon. The idea is to
exclude them from the privileges of the common school fund of their
country, and then turn round and say, you are an inferior race. I am in
favor of referring this matter, whether the black man shall have the privi-
lebe of coming into Kansas, to a direct vote of the people. I stand
[*99] up*on the popular sovereignty question in relation to their children
having a chance of getting an education. If they come into Kansas at all,
let us give them an education. The very doctrine of trying to prevent
them from having the advantages of common schools makes them an in-
ferior race. Let the Leavenworth delegation petition the Legislature if
they don't want their children to go to school with the blacks, and they can
have different schools. It has been intimated that this thing shall go on
record. No doubt the whole Territory will be canvassed in relation to the
matter. Let it come, is all I have to say. I am a mechanic. I always
work by the square, and I will represent my ideas in this way: There was a
certain slaveholder I heard of, who sent out an old black man to haul
hay, in place of which the old black man got to prajing, and he prayed so
loud that he scared the horses and caused them to run away. The master
came out and walloped the man severely for it; but, upon seeing hmi
bleeding from the stripes, began to sympathize with him — helped him to
get the horses again and fix the gearings. And his master said to him:
"Jack, there's no use in making so much noise about it. If you must pray
and make a noise, wait till you are not at work." "Well, but master," says
Jack, "I can't help it. When the spirit of the Lord comes over me, I can't
help it." "Very well," says the master, "if you can't help it, hitch your
horses or get somebody to hold them." "Well," says he, "master just you
hold the horses, I feel so now." If the Democratic party get that way, let
them hold their horses, if they want to make a noise.

The President. The hour of adjournment ha\'ing arrived, the Conven-
tion stands adjourned till to-morrow morning, 9 o'clock.

And the Convention adjourned.

184 Convention Proceedings and Debates.

Friday, July 15, 1859.
The Convention met at 9 o'clock, a. m.

Prayer by the Chaplain.

The roll was called, and Messrs. Hutchinson and Perry reported absent.

CORRECTION OF THE JOURNAL.

The journal of yesterday was read by the Secretary.

Mr. McClelland. Mr. President, I notice in the proceedings of the

forenoon there was an amendment proposed limiting the jurisdiction of

justices of the peace to fifty dollars attribtited to me. It was offered by
the gentleman from Leavenworth (Mr. McDowell).

The President. The clerk will make the correction.
Mr. Houston. Mr. President, I have a resolution to offer:
"Resolved, That Gen. Pomeroy and Mr. Keyser, editor of the Junction
Sentinel, be invited to take seats within the bar."
The resolution was adopted.

RAILROADS.

Mr. Crocker. Mr. President, I have a petition which I desire to pre-
sent, and move its reference to the committee on ordinance.

(The petition is from certain citizens of the Territory in relation to
railroads in Southern Kansas) .

The motion was agreed to, and the petition was accordingly referred.

woman's RIGHTS.

Mr. Ritchie presented several petitions from citizens of Douglas,
Shawnee, Atchison and Wyandotte counties, protesting against any Con-
stitutional monopoly, or pre-eminence of rights, based on sex; which were'
referred to the committee on the Legislative Department.

RAILRO.^DS.

Mr. Ritchie. Mr. President, I offer the following resolution:

"Resolved, That Col. George S. Parks and E. N. 0. Clough, of Park-
[*100] ville, Mo., have the *use of the hall this evening to make Railroad
speeches."

Mr. Kingman. Mr. President, 1 would like to hear the gentlemen, but
to prepare the hall would require three or four hours work on the part of
our oflicers; we shall probably sit till six, and that would not give them
time to prepare the hall.

The resolution was rejected Upon a division — affirmative 0, negative 14.

PREAMBLE AND BILL OF RIGHTS.

Mr. Hutchinson. Mr. President, the committee on Preamble and Bill
of Rights are prepared to report. In offering this report, Mr. President, it
may not be inappropriate for me to make a few remarks relative to the
general character and object of the sections therein contained. It is a his-
torical fact, that ever since the days of King John, when the magna charta
in favor of British freedom was obtained by the English yeomanry, some
declaration of rights similar to the one presented by us, has been common
with the people of all countries; but it was not until 1776, when that
memorable Declaration of ours came into existence, that the people cut
loose from a narrow conception of humanity, and entered upon that broad
field of human liberty. All the States [State Constitutions] since that day

Friday, July 15, 1859. 185

down to [that of] the prospective State of Kansas, have contained a similar
instrument, that becomes as it were the timbers of the building — the super-
structure upon which the edifice of State must be erected. In consequence
of it the Constitution becomes more permanent and better grounded in the
hearts of the people. It becomes the incarnation of fundamental principles;
the steadfast light and hope of each State that survives the terror of tyrants
and is the security of the free. This bill of rights starts out on the old
maxim that the world is governed too much — that there is too much pro-
scriptive law. We should therefore strive to strike from our organic law
every vestige of feudal times. If we examine the history of the criminal
records of the past, we shall find the fact staring us in the face, that wher-
ever the most restrictive laws have been passed, there the most crime has
been committed. Crimes have multiplied in proportion to the stringency
and restrictiveness of laws. In the United States, for the first time in the
history of the world, has this meddlesome doctrine of protection been
attacked. From the tempest in the Boston harbor down to the battle of
Champlain, that was the great motive that influenced the arm of battle to
strike it powerless. It is with this people that the widest liberty is enjoyed.
The people are here allowed to do the nearest what they like — the nearest
what they think and act. The history of legislation in the past teaches us
that the best legislation is but the abrogation of former le'^islation. It is
not in doing new things, but in the undoing of something whi^h has
formerly existed. This is true in reference to the repeal of the EngHsh
corn laws. That was not a new edict, neither was it the work of legislation
or parliament, or anti-leagues. It sprang from a power behind the throne,
and hiffher than parliament. No great political movement nor political re-
form in this age ever originates with rulers.

It should be the work of legislation to restore the people back to their
natural rights from which preceding legislation has driven them. Even
natural industry, private industry as well as national, has been stamped
upon by this spirit of protection, and a desire to overlegislate, to hamper
the energies of mind, commerce and industry. The hand of government
must be felt in every quarter, with its commercial and financial con-
trivances, forbidding one species of labor and encouraging another. The
most common wants must be interfered with by usury laws, oaths must be
administered, and so on through a long list of restrictive laws. What fol-
lows? What is the effect of this species of restrictive legislation? Is it to
[*101] elevate or depress the moral standard? I believe the best *gov-
ernments which have ever existed are altogether negative in their character
rather than positive. It is said in French history, at a certain time, that
no peop'e could assemb'e at the theatre, or on the street, or anvwhere,
without having soldiers attending them ; passports were required of their
eiti7ens of mornings under poUce regulations — pretending thus to secure
liberty to the people. Even the government sent its messengers to the
markets to see that the meat was in proper condition ; and sent them to the
stores to see that weishts and measures were properly recrulated. This
was robbing the industry of the people, that industry might thrive. Thus
chained down they are not allowed to exercise their own independence.
At the slishtest difficulties they called on the government. They could not
cut a canal or build a mi' road without lookins; up to their ruler for both
the mode and means. With our democracy, the rulers should look to the
people.

■, I wiM s'mnly add, that if there is any one thing more clear than an-
other, it is that wherever a government attempts to protect the people, it
does so a,t the wrong time or for the wrong class. In the history of Kan-

186 Convention Proceedings and Debates.

sas we find the proof. We came here as a weak people: it was the duty of
the sovernment to lend us its protection. Troops were sent here, not to
protect the weak but to defend the strong. Human power is vain-glori-
ous— it is dangerous in the hands of weak man. We may claim that by
placing; power in certain departments the people will have the benefit o(
it; but we have no evidence of this.

"M.TTi, proud man,
Clothed in a little brief authority,

Most isnorant of what is most assured.
Plays .such fantastic tricks before high heaven

As make the angels weep."

We should be careful, then, how we travel upon fields so full of pitfalls.
Now we tread upon these subjects that affect the common people. One
of the primitive fathers of this government has given us counsel in this
matter. Mr. Jefferson in a letter to Mr. Madison has said: "The execu-
tive power in our government is not the only, perhaps not even the prin-
cipal object of my solicitude. The tyranny of the Legislature is really the
danger most to be feared, and will continue to be so for many years to
come. The tyranny of the executive power will come in its turn, but at a
more distant period." I have simply to add, in conclusion, that in whatever
work may be before us, based upon the report I have just offered, we
should have these first principles in \dew: that an instrument may be pre-
pared by us that will not only be an honor to posterity, but that shall
accord with the intelliwnce and advancement of the age.

The report is as follows:

preamble.

Existence was the first gift of Omnipotence to man. It is the end of the
institution and adm-nistration of Government to secure to every in-
dividual perfect freedom to enjoy in safety and tranquillity the rights and
blessings of that existence; and whenever these great objects are obtained,
the people have a right to institute a new government, and take measures
necessary for their protection and happiness.

The body politic is formed by a voluntary association of individuals; it
is a community in covenant, where the whole people treats with each
citizen, and each citizen treats with the whole people, that all shall be
governed by certain laws for the common good. It is, therefore, the duty
of the people, in framing their Organic Law, to provide for an equitable
mode of making laws as well as an impartial interpretation and faithful
execution of them, that every citizen may, at all times, find security in
them.

We, therefore, the people of Kansas, acknowledging, with grateful
hearts, the goodness of the Legislator and Preserver of the Universe in
affording us an opportunity, peaceably, and without fraud or violence, of
entering into an original, explicit and solemn compact with each other,
[*102] and of forming a Constitution of civil *government for ourselves
and our jwsterity; havins the right of admission into the Union as one of
the American States, consistent with the Federal Constitution and by
virtue of the treaty of cession by France to the United States of the prov-
ince of Louisiana; believing that the right of self-government is inherent,
and should be asserted in accordance with the popular will and Federal
Constitution, to [do] ordain and establish the following Constitution as the
fundamental law of a free and independent State, by the name and style
of the State of Kansas, bounded as follows, to-wit:

Beginning at a point on the western boundary of the Stat* of Missouri

Friday, July 15, 1S59. 187

where the thirty-seventh parallel of north latitude crosses the same, thence
westward on said parallel to the twentj^-fifth parallel of longitude west
from Washington, thence north on said parallel to the fortieth parallel of
latitude, thence east on said parallel to the western boundary of the State
of Missouri, thence south with the western boundary of said State to the
place of beginning.

BILL OF RIGHTS.

Section 1st. All men are by nature enually free and independent, and
have certain inalienable rights, among which are those of enjoying and de-
fending their hves and liberties, acquiring, possessing, and protecting prop-
erty, and of seeking and obtaining happiness and safety, and the niht of
all men to the control of their persons, exists prior to law and is in-
alienable.

2d. All political power is inherent in the people, and all free govern-
ments are founded on their authority, and are instituted for their equal
protection and benefit. No special privileges or immunities shall ever be
granted by the General Assembly which may not be altered, revoked or
repealed by a two-thirds vote of the same body, and this power shall be
exercised by no other tribunal or agency.

3d. The people have a ri7ht to assemble, in a peaceable manner, to con-
sult for their common good, to instruct their Representatives, and to peti-
tion the General Assembly for the redress of grievances.

4th. The peop'e have the right to bear arms for their defence and
security, but standing armies, in time of peace, are dangerous to liberty,
and shall not be tolerated, and the military shall be in strict subordination
to the civil power.

5th. The right of trial by jury shall be inviolate, and extend to per-
sons of every condition; but a jury trial may be waived by the parties in
all cases, in the manner prescribed by law.

6th. There shall be no slavery in this State, and no involuntary servi-
tude, unless for the punishment of crime, whereof the parties shall have
been duly convicted.

7th. The right of every man to worship God according to the dictates
of his own conscience shall never be infringed, nor shall any man be com-
pelled to attend, erect or support any place of worship, or to maintain
any form of worship against his consent, nor shall any control of, or inter-
ference with, the rights of conscience be permitted, or any preference be
given by law to any religious establishment or mode of worship. No
religious test or amount of property shall ever be required as a qualifica-
tion for any office of public trust under the State, nor shall any religious
test or amount of property ever be required as a qualification of any
voter at any election in this State, nor shall any person be incompetent
to be a witness on account of religious belief, but nothing herein contained
shall be so construed as to dispense with oaths or affirmations. The liberty
of conscience, hereby secured, shall not be so construed as to excuse acts of
licentiousness or to justify practices inconsistent with the peace or safety
of the State; nor shall any money be drawn from the Treasury for the
benefit of any sect, society or institution.

Sth. The privilege of the writ of habeas corpus shall not be suspended,
[*103J unless in case of *invasion or rebellion the public safety requires
it; and said writ shall be granted, as a right, in all cases where the Legis-
lature shall not specially confer discretion upon the court; but the Legisla-
ture may prescribe preliminary proceedings to the obtaining of said writ.

188 Convention Proceedings and Debates.

' 9th. All persons shall be bailable by sufficient sureties, except for capi-
tal offenses where proof is evident or the presumption great. Excessive
bail shall not be required, nor excessive fines imposed, nor cruel or unusual
punishment inflicted.

10th. In any trial, in any court, the accused shall be allowed to appear
and defend in person, or by counsel ; to demand the nature and cause of the
accusation against him; to meet the witness face to face, and to have com-
pulsory process to procure the attendance of witnesses in his behalf, and
a speedy public trial by an impartial jury of the county or district in
which the offence is alleged to have been committed ; nor shall any person
in a criminal cause be a witness against himself, or be twice put in jeopardy
for the same offence.

11th. The liberty of the press shall forever be inviolate and all persons
may freely speak, write or publish their sentiments on all subjects, being
responsible for the abuse of such right.

• 12th. The freedom of deliberation, speech and debate in the Legisla-
ture is so essential to the rights of the people that it cannot be the foun-
dation of any accusation or prosecution, action or complaint in any court
or place whatsoever.

13th. No person shall be transported out of the State, for any offence
committed within the same, and no conviction in this State shall work a
corruption of blood or forfeiture of estate; nor shall any person be liable
to be conveyed out of this State for trial in any case where the offence
was committed within the same, and no indenture of any persons, made
and executed out of the bonne's of the State, shall be valid within the State,
if inconsistent with the laws thereof.

14th. Treason against the State shall consist only in levying war
against it, adhering to its enemies, or giving them aid and comfort. No
person shall be con\icted of treason unless on the evidence of two wit-
nesses to the overt act, or confession in open court.

15th. No soldier shall, in time of peace, be quartered in any house
without the consent of the owner, nor in time of war except in a manner
prescribed by law.

16th. The ri^ht of the people to be secure in their persons, houses,
papers, estates, &c., against unreasonable searches and seizures, shall be
inviolate; and no warrant shall issue but upon probable cause, supported
by oath or affirmation, particularly describing the place to be searched and
the persons and things to be seized.

17th. No person shall be imprisoned for debt in any civil action on
mesne, or final process, except in cases of fraud, and no person shall be
imprisoned for a malitia [or military?] fine in time of peace.

ISth. Foreigners who are, or who may become hereafter, bona fide
residents of this State, shall enjoy the same rights in respect to the posses-
.<5ion, enjoyment and inheritance of property as native born citizens.

19th. All courts shall be open, and every person, for an injury done
him in lands, goods, person or reputation, shall have remedy by due course
of law, and justice administered without denial or delay.

! 20th. No hereditary emoluments, honors or privileges will ever be
granted or enforced by this State, nor shall there be any constitutional
distinctions on account of sect or sex. j

21st. Private property shall be held inviolate, but subservient to the
public welfare. — When taken in time of war, or other public exigencies

Friday, Jl'ly 15, 1859. '18^

imperatively requiring its immediate seizure, or for the purpose of making
or repairing roads which shall be open without charge, a just compensa-
[*104] tion shall be made to the own-ers of the property in money;
and in all other cases where private property shall be taken for public
uses, a compensation therefor shall first be made in money, or first secured
by depositing money, and such compensation shall be estimated by a
jury, without deduction or benefit to any property of the owner.

22d. No citizen of this State shall be held to appear before the Su-
preme Court of the United States on an appeal from the Supreme Court
of this State, but when appeals are taken on questions of inter-State law,
they shall only be through or from the District Courts of the United States.

23d. This enumeration of rights shall not be construed to impair or
deny others retained by the people, and all powers herein delegated remain
with the people.

Mr. Slough. Mr. President, I move that this report be made the
special order for Monday next. The reason of my making this motion I
will state briefly. I notice in the printed report of the committee, which
I suppose is a copy of the one just made, the question of boundary will
come up, and the committee to which was referred the memorials of the
citizens of southern Nebraska will not be ready to report till to-morrow.
To-morrow being Saturday, some of our members will be absent, and, as
the question is an important one I don't think it should be taken up till
Monday.

Mr. Thacher. That committee will probably report this afternoon.
I hope the Convention will take up the question soon, because the gentle-
men from southern Nebraska are being detained here.

Mr. J. Blood. I move to substitute to-morrow morning.

Mr. Slough. I move to amend the amendment to my motion, that
this report be made the special order for this afternoon.

This amendment was rejected, upon a division — affirmative 12, nega-
tive 19.

The amendment to the motion was agreed to, and the report was made
the standing order for to-morrow morning.

Mr. Slough. Mr. President, I believe this is the time limited, under
the order of last Tuesday, for all committees to report. They should
make some report this morning, if nothing but progress, and ask for
further time.

The President. According to the recollection of the chair, the com-
mittee on Phraseology and Arrangement and one other were excused.

Mr. J. Blood. Mr. President, the committee on Ordinance and the
Public Debt are not able to make a full report this morning, in consequence
of being delayed with the report of the commissioners on claims. We ask
further time.

It was granted by consent.

COUNTY AND TOWNSHIP ORGANIZATION.

Mr. Ritchie. Mr. President, the committee on county and township
organization ofi'ers the following report:

Section 1st. The Legislature may provide by law for submitting to the
people of each county at an annual election, the question of the location
of county seats, and the General Assembly shall not change the lines of

190 CoNVEXTioN Proceedings and Debates.

counties without the consent of the people of the several counties to be
affected by the proposed alterations.

2d. The General Assembly shall pro\-ide by law for the election of such
county and township officers as may be necessary.

3d. County officers shall be elected at the general election, until other-
wise directed by law, by the qualified electors of each coimty, in such
manner and for such time as may be provided by law.

4th. No person shall be eligible to the office of sheriff and county
treasurer for more than four years in any period of sLx years.

5th. Township officers shall be elected on the first Monday of April
annually, by the qualified electors of their respective townships, and hold
[*105] their offices for one year from *the Monday next succeeding
their election, and until their successors are qualified, except the justices
of the peace, who shall hold their office for three years.

6th. Justices of the peace and county and township officers may be re-
moved from office in such manner and for such cause as shall be prescribed
by law."

Mr. Slough. I move it be made one of the special orders for to-
day.

Agreed to by consent.

SCHEDULE.

Mr. BuRRis. Mr. President, in behalf of the committee on Schedule, I
ask leave to make the following report:

Section 1st. That no evils or inconvenience may arise from the change
of a Territorial government to a permanent State government, it is de-
clared by this Constitution that all suits, rights, actions, prosecutions,
recognizances, contracts, judgments and claims, both as respects individuals
and bodies corporate, shall continue as if no change had taken place.

2d. All fines, penalties and forfeitures due and owing to the Territory
of Kansas, or any county, shall inure to the use of the State or county. All
bonds executed to the Governor or any other officer, in his official capacity,
in the Territory, shall pass over to the Governor or other officers of the
State or county and their successors in office, for the use of the State or
county, or by him or them to be respectively assigned over to the use of
those concerned, as the case may be.

3d. The Governor, secretary and judges, and all other officers, both cixal
and mi'itary, under the Territorial government, shall continue in the
exercise of the duties of their respective departments until the said officers
are superseded under the authority of this Constitution.

4th. All laws and parts of laws now in force in this Territory, not incon-
sistent with this Constitution, shall continue and remain in full force until
they expire or be repealed.

5th. The Governor shall use his private seal until a State seal be pro-
vided.

6th. The Governor, secretary of State, auditor of State, treasurer of
State, attorney-general and superintendent of public instruction shall keep
their respective offices at the seat of the government.

7th. All records, documents, books, papers, monies and vouchers be-
longing and pertaining to the several Territorial courts and offices and to
the several districts and county offices, at the date of the adoption of
this Constitution, shall be disposed of in such manner as shall be pre-
.scribed by law.

Friday, July 15, 1859. 191

8th. All suits, pleas, plaints and other proceedings now depending in
any court of record or justice's court, may be prosecuted to final judgment
and execution, and all appeals, writs of error, certiorari, injunctions, or
other proceedings whatever, n.ay progress and be carried on as if this Con-
stitution had not been adopted, and the Legislature shall direct the mode
in which such suits, pleas, plaints, prosecutions and other proceedings, and
all papers, records, books and documents connected therewith, may be
removed to the courts established by this Constitution.

9th. No debt of this Territory shall be assumed by the State, except
by law passed by a vote of two-thirds of each branch of the Legislature.

10th. Until otherwise provided by law, the seat of government shall be
at .

Mr. Stinson. I move to make it one of the special orders for to-day.
It was agreed to by consent.

REPORTS FROM COMMITTEES.

Mr. Greer. Mr. President, in behalf of the Committee on the Executive
Department I would say that our report has been in the hands of the
printer for several days, and I don't know why it has not been returned.
In consequence of this we are not prepared to report, and ask further time.

[*106] *It was granted by consent.

Mr. TowNSEND. Mr. President, the Committee on Electors and Elec-
tions will probably be ready to report to-morrow.

Mr. Stinson. Mr. President, the report of the Committee on Finance
and Taxation is in the hands of the printer and will probably be given
to-day.

Mr. Houston. Mr. President, as chairman of the Committee on
Amendments and Miscellaneous, I wish to report progress. The nature of
our committee requires us to pick up the scraps. I will state, however,
that we are able to report on amendments to the Constitution; but the
miscellaneous matters we will be unable to report up till we know what is
included in the general reports. I therefore speak for further time, in be-
half of the committee, to report.

Mr. Slough. I would suggest the propriety of having that portion of
the report which is prepared printed, so that we can dispose of it and not
be compelled to wait.

SAMUEL A. LOWE.

The President. I will lay before the Convention the follo\\ing com-
munication asking that some provision be made for compensation for serv-
ices rendered by Samuel A. Lowe as Assistant Clerk of the first Legisla-
tive Assembly of Kansas Territory.

The communication was read.

Mr. Blunt. I move to lay it upon the table.

The motion was agreed to.

education.

The unfinished business of yesterday coming up in order, to-wit: the
consideration of the report of the Committee on Education and Public In-
stitutions— one question being on the proposition of the gentleman from
Leavenworth (Mr. Stinson) to add to the second section of the Report from
the Committee on Education the words: "but no negro or mulatto pupil
shall be admitted to such schools."

(The report is printed in Thursday's proceedings, July 14).

192 Convention Proceedings and Debates.

Mr. Blunt. Mr. President, I believe the first question for considera-
tion, is the amendment of the gentleman from Leavenworth.

The President. According to the recollection of the chair it is Mr
Stinson.

Mr. Blunt. I think discussion on this question has already taken a
wide range, and for the purpose of takins; the vote that the further time
of the Convention shall not be occupied in giving a wide range to the dis-
cussion of matters not germane to the subject under consideration, I call
for the previous question.

The demand for the previous question was not sustained by the Con-
vention.

Mr. Blunt. I move that the amendment lie on the table.

The yeas and nays were demanded, and, being ordered and taken, re-
sulted— yeas, 29; nays, 20 — as follows:

Yeas— Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Button, Graham, Griffith, Hutchinson, Hanway, Hoffman, Hous-
ton, Ingalls, Lillie, Lamb, Middleton, McCullough, Preston, Palmer,
Ritchie, Ross, Signor, Stokes, Simpson, Thacher, Townsend, Wilhams l29].

Nays — Messrs. Brown, Barton, Foster, Forman, Greer, Hippie, Hub-
bard, Kingman, Moore, McDowell, McCune, McClelland, Parks, Porter,
Slough, Stinson, Stiarwalt, J. Wright, Wrigley, T. S. Wright [20].

So the amendment was laid on the table.

Mr. Burris. Mr. President, I move to amend this section 2d by strik-
ing out all after the word "Department."

Mr. Blunt. Mr. President, I am opposed to striking out anything
from that section as reported by the committee; and I am equally opposed
to any addition being made. I stated on yesterday in my reasons for vot-
ing, or why I should vote, against the amendment proposed by the gentle-
man from Leavenworth, that I did not wish to incorporate any such pro-
vision as was proposed, in the organic law, believing that society would
regulate itself in this matter and that the Legislature would make such
[*107] provision in reflation to common schools, as to who should par-
ticipate in, or derive benefit from those schools — as would be required by
the people. The time might come in the future history of Kansas under
this law, when the public sentiment would be such that it might be neces-
sary to provide for the education of colored persons and mulattoes in such
a manner as would come in conflict with the law. As I do not wish any
protection for my children, as I expect to determine with whom they shall
associate, and as 1 believe it a matter every person will regulate as will
be consistent with his own feelings, I do not think it necessary that we
should determine in our organic law any rule for the Legislature in this
matter. I am opposed to strikino: out this part of the section relative to
placing both sexes upon an equality, not only in our common schools but
schools of higher grade, because I iDclieve it right and just that all the
benefits which inure to the youth of this country from any school system,
should inure to the females as well as males. Sir, gentlemen may contend
that this is provided for in a certain clause in the Legislative Department
which provides that females may participate in elections on all matters per-
taining to the government of common schools. This relates only to com-
mon schools, and not to schools of higher grades, seminaries, colleges and
universities. I think the section is very appropriate. I see a manifest dis-

Friday, July 15, 1859. 193

position on the part of some gentlemen to strike from this section that
clause, because the "nigger" question has been forced upon them here.
They don't wish to face the music and take the responsibility of the record.
They wish to strike from that section this clause, because there would be
no opportunity for our Democratic friends to insert the word "white."
Now, gentlemen, I am willing to go upon the record upon every vote I
propose to cast here; and 1 say to my Republican friends that if you
succumb to the Democrats and strike out this clause in the second section
for the manifest purpose of compromising, when you have done that they
will still make further demands upon you and will have this Constitution
smeared all over with "negro." Thej' will thrust it upon you time and
again. When this question of negro or black law comes up at the proper
time then I propose to meet the question. If we give way; become weak-
kneed and afraid to have our votes recorded, and back down for the mani-
fest reason that we don't wish to face the music, we will find motions Iiere
to reconsider what we have done, and then they will propose that no negro
shall be elected to the office of Governor; that we elect 75 wliite members
to the House and 25 white members to the Senate; and "negro" will be
thrust into every section of the Constitution. I hope the gentleman will
not strike out any provision nor vote for any proposition for the mere
purpose of evading responsibility on this question.

The amendment was adopted.

Mr. LiLLiE. Mr. President. I wish to have the word "agricultural"
struck out, and the word "industrial" inserted.

The motion was rejected, and the section as amended was adopted.

Section 3 was read and adopted.

Section 4 was read.

Mr. Stinson. Mr. President, I move to amend by inserting after the
word "therein" these words: "excei)ting negro and mulatto children and
youth."

Mr. Blunt. I move to lay it on the table.

On this motion the yeas and nays were demanded, and being ordered
and taken resulted — yeas 33, nays 17 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. B'ood,
Crocker, Dutton, Graham. Griffith, Hutchinson, Hanway, Hoffman, Hous-
ton, Ingalls, Kingman, LiUie, Lamb, Middleton, May, McCuUough, Pres-
ton, Palmer, Porter, Ritchie, Ross, Signor, Stokes, Simpson, Thacher,
Townsend, T. S. Wright, Williams— 33.

[*108] *Nays — Messrs. Brown, Barton, Foster, Forman, Greer, Hippie,
Hubbard, Moore, McDowell, McCune, McClelland, Parks, Slough, Stinson,
Stiarwalt, J. Wright, Wrigley— 17.

So the amendment was laid on the table.

Mr. Blunt. Mr. President, I have one suggestion to make, the object
of which will be to save much time in calling the yeas and nays. They
may make all the amendments they choose about negroes, but let us have
the yeas and nays on them all at once.

Section 4 was adopted.

Section 5 was read and adopted.

Sec. 6 was read.

Mr. Wright of Nemaha. I move to strike out the word "counties" and
insert "townships."

13 — 778

194 Convention Proceedings and Debates.

Mr. Houston. Mr. President, I hope my friend from Nemaha will
not press this matter. It seems to me that the expenses connected with
this source of revenue are to be borne equally by all parts of the county,
and it is nothing but fair that the whole people of the county should share
in the benefits that come in this way.

The amendment was rejected.

Sections 6, 7, 8 were adopted, and so that portion of the report was
passed.

PUBLIC institutions.

The first paragraph in this branch of the report being read- by the
Secretary —

Mr. Stinson. Mr. President, I desire to offer a section in the article
on education.

The President. The gentlemen ^\^ll not be in order until after the
whole report shall be gone through with.

Mr. Burnett. I would suggest that there was one section adopted in
committee of the whole which has not been read yet.

The President. The gentlemen are not in order.

The paragraph was adopted without amendment.

The second and third paragraphs were adopted.,

The fourth paragraph was read.

Mr. McDowell. Mr. President, I move to amend by inserting after
the words "infirmity or other misfortune," the words "except negroes and
mulattoes."

Mr. Blunt. I move to lay it on the table.

Mr. Thacher. I wish to ask the gentleman to withdraw his motion,
and let us have a distinct vote on the amendment.
Mr. Blunt. I withdraw it.

The yeas and nays were demanded, and being ordered and taken re-
sulted—

Yeas 2, nays 48 — as follows:

Yeas — Messrs. Foster and McDowell — 2.

Nays — Messrs. Arthur, Burnett, Blunt, BrowTi, Barton, Burris, J. B'ood,
N. C. B'ood, Crocker, Dutton, Forman, Graham, Greer, Griffith, Hippie,
Hubbard, Hutchinson, Hanway, Hoffman, Houston, Ingalls, Kingman,
Lillie, Lamb, Middleton, May, Moore, McCune, McClelland, McCullough,
Preston, Palmer, Parks, Porter, Ritchie, Ross, Simor, Slough, Stinson,
Stiarwalt, Stokes, Simpson, Thacher, Townsend, J. Wright, Wrigley, T. S.
Wright and Williams— 48.

So the amendment was rejected, and the 4th paragraph was adopted.

Mr. Thacher. Mr. President, I propose an additional section, and I
do so because I suppose the amendment of the gentleman from Leaven-
worth was based upon "brown." It was not inserted in the proper place,
and therefore I propose this section:

"None of the provisions of this article shall apply to or include negroes
or mulattoes."

Mr, Slough. I move to lay it on the table.

Mr. Stinson. I think the proposition is most —

The President. The question is not in order.

Friday, July 15, 1859. 195

The yeas and nays were demanded, and being ordered and taken, re-
sulted— yeas 47, nays 3 — as follows:

Yfas — Messrs. Arthur, Burnett, Blunt, Brown, Barton, Burns, J. Blood,
N. C. Blood, Crocker, Button, Foster, Forman, Graham, Greer, Griffith,
Hippie, Hubbard, Hutchinson, Hanway, Hoffman, Houston, Ingalls,
[*109] *Kingman, Lillie, Lamb, Middleton, May, Moore, McCune, Mc-
Clelland, McCullou^h, Preston, Pn'mer, Poi'ter, Ritchie, Ross, Siwor,
Slough, Stinson, Stiarwalt, Stokes, Simpson, Thacher, Townsend, Wrigley,
J. Wright and Williams — 47.

Nays— Messrs. McDowell, Parks, T. S. Wright— 3.

So the amendment was laid on the table.

The President. The clerk informs the Chair that by mistake the sec-
tion numbered section 9 (introduced by Mr. J. Blond), in the place of the
ninth section stricken out, was not read in its proper place and passed
upon. The clerk will read.

Mr. Stinson. Mr. President, I desire to offer an additional section
to the article on Education, to be numbered section 10. It is as follows:

"Sec. 10. No negro or mulatto shall be admitted to the University, or
to any of the schools mentioned in this article."

Mr. Blunt. Lay it on the table.

The yeas and nays were demanded on this motion, and being ordered
and taken, resulted — yeas 31, nays 16 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. B'ood,
Crocker, Button, Graham, Greer, Griffith, Hutchinson, Hanway, Hoffman,
Houston, Ingalls, Kingman, Lillie, Lamb, Middleton, May, McCullough,
Preston, Palmer, Porter, Ritchie, Ross, Si^nor, Stokes, Simpson, Thacher,
Townsend, T. S. Wright and Williams — 34.

Nays — Messrs. Brown, Barton, Foster, Forman, Hippie, Hubbard,
Moore, McBowell, McCune, McClelland, Parks, Slough, Stinson, Stiarwalt,
J. Wright, Wrigley— 16.

So the amendment was laid on the table.

Mr. BuRRis. I move that the article just passed be printed and referred
to the committee on Phraseology and Arrangement.

The motion was agreed to, and the order was made accordingly.

COUNTY AND TOWNSHIP ORGANIZATION.

Mr. HipPLE. Mr. President, I move that we proceed to the considera-
tion of the Article on County and Township Organization.

Mr. Slough. I move that we go into committee of the whole on that
subject.

The motion was agreed to.

The Convention accordingly resolved itself into committee of the whole —
Mr. Hutchinson in the Chair — and took up the Article on County and
Township Organizations, (it is printed above.)

Mr. BiiowN. Mr. Chairman, I move that it be read and considered
section by section.

It was agreed to by consent.

Sections 1 and 2 were read and adopted.

Section 3 was read.

Mr. Slough. Mr. Chairman, I move to strike out that section for the

196 Convention Proceedings and Debates.

reason that I think it more properly belongs to the committee on electors
and elections. This report has not been made, but will cover the election
of both county and township officers.

The motion was agreed to.

Section four was read.

Mr. Slough. I move to strike out "and" and insert "or."

It was agreed to by consent, and so section 4 was adopted.

Section 5 was read.

Mr. Slough. Mr. Chairman, for the same reason that I made the mo-
tion to strike out section 3, I move that section 5 be stricken out. It is
provided for in the proper report of the Committee on Electors and
Elections.

Mr. Thacher. I would ask whether this section is in that report?

Mr. Slough. That portion of the section proper for us to act upon
(having disposed of the term of office of Justice of the Peace), will be dis-
posed of by the committee just referred to.

Mr. Tow^nsend. The length of time we don't have anything to say
about. If we fix the time here we can fix it in our own report.

Mr. Kingman. Mr. Chairman, I would offer as a substitute for section
5 the following:

[*110] "Sec. 5. Township officers, except Justices of *the Peace, shall
hold their offices for one year from the Monday next succeeding their elec-
tion, and until their successors are elected and qualified."

The substitute was adopted.

Sec. 6 was read and adopted.

Mr. Thacher. Mr. Chairman, I suppose that amendments are still in
order. When the first section passed, 1 was not paying attention. In it
there is a principle involved, and although my own local interests are
probably in favor of the section, my convictions of duty to the people at
large, compel me to call attention to it.

"Sec. 1. The Legislature may provide by law for submitting to the
people of each county at an annual election, the question of the location
of county seats, and the General Assembly shall not change the lines of
counties without the consent of the people of the several counties to be
affected by the proposed alterations."

I wish gentlemen to understand that provision prevents the erection of
any new counties out of old ones. The principle involved is this: It should
be with the consent of the people in the district to be affected by the pro-
posed alteration — to be included within the new county. If you allow two
counties to demand that a new county be erected out of territory be-
longing to both, the people residing therein protesting against it, and
there is sufficient power to overcome the riihtful protest, they are thus
set off unwillingly. The people within the district ought to be allowed to
pass upon it, and those outside ought not. My local interests would favor
it as it stands, but my convictions of the principle are the other way. I
merely call attention to this fact for the purpose of bringing it up to the
minds of all. As I am locally interested in having it as it is, I will make
no motion.

Mr. Kingman. I move that the committee rise.

The motion was agreed to.

Friday, July 15, 1859. 197

The committee accordingly rose and the chairman reported the article
with sundry amendments, as above.

On motion by Mr. Simpson, the convention proceeded to the considera-
tion of the report section by section.

Section 1 was read.

Mr. Wrigley. Mr. President, it seems to me the object of this section is
to prevent the Legislature not only from changing county lines, but county
seats seem to have been omitted. I move to insert after the words "lines
of counties," the words "or the county seats of the several counties."

Mr. Thacher. I suggest that will make it read absurdly.

Mr. Kingman. Put it before the word "line."

Mr. Wrigley. I accept.

Mr. Houston. Mr. President, I move to amend the amendment by
striking out all after the words "location of county seats."

Mr. BuRRis. It seems to me, Mr. President, that the amendment pro-
posed by the gentleman from Riley (Mr. Houston) would strike out that
which is most valuable in this section. I consider the last part the most
efficacious to secure and protect the rights of citizens of the different
counties. Gentlemen take the wrong view of the case when they say it
would prevent a change. If the people of one, two, or more counties de-
sired the change, clearly they would have the right to petition the Legis-
lature for its lines or county seats to be changed. This should be re-
quired. If the people of a populous county should desire to add some
sparsely settled territory to it, they ought first to obtain the consent of
the inhabitants of the county over whose boundaries they propose to
break. I am in favor of this section just as it stands, and it seems to me
proper and just that it should be incorporated in the Constitution. I hope
neither amendment will prevail.

Mr. Preston. I dissent from the opinion that the amendment affects
the rights of the minority. It is well know^n that the county seat is sup-
[*111] posed to be the largest town in the county. *The county seat
may be right on one side of the county, compelling the other side to travel
the whole length of the county to do county business. There is a com-
munity that is inconvenienced by the rule of the majority; but right and
justice not only gives them the privilege to petition the Legislature for
the power to make an alteration, but the Legislature protects their rights.
We have an instance at this time where the county seat is located right on
the edge of the county, and that county seat may have a majority. Now
are we to say that town shall compel all the inhabitants of the county to
come to it? The inhabitants of the county have more business to do in the
county seat than those who live there. Those living in the county town,
perhaps, have very little county business to do. The location of county
seats should be made to accommodate the rural districts and not the
towns. I shall favor the amendment.

Mr. Burnett. Mr. President, I hope an amendment of some kind
will prevail. The section prevents the Legislature from ever making any
change in county lines. Gentlemen need but look upon the map of Kan-
sas to see that there exists a necessity, if we consult the convenience and
wishes of the people, that certain lines should be changed. There is a mile
strip on the west side of Bourbon county, and it is the wish of a majority
to be set into another county, and there is a corner in Bourbon county of
one-quarter of a Congres.'^ional township, that also wishes to come into the

198 Convention Proceedings and Debates.

arrangement. Bourbon may vote for it, and Linn may vote for it — both
remain out — while the people most interested may vote against it; taking
the aggregate vote, it would be, say, nine-tenths for it and one-tenth against
it. So the district proposed to be affected, will have the power to defeat
the proposition. I think, sir, you should not tie up the Legislature in such
a manner as to bar and prevent their carrying out the wishes of the people.

Mr. Thacher. Mr. President, I offer the following substitute for sec-
tion 1:

(All record of this amendment is lost).

Mr. Thacher. Mr. President, I believe the more I reflect the more I
am convinced that this is a matter which we ought not to bind so effec-
tually. There is a district across from Shawnee that would naturally come
into that county, but a majority doing business at the other end would
vote against it, when it would absolutely' serve the wants of the people
affected thereby. These changes throughout the Territory would accom-
modate large bodies that would be defeated by selfishness around the
county seat. The only honest principle is to leave it to the people of the
district included within the proposed change.

Mr. Ritchie. In defense of the article, I would just state that there
is no selfish motive actuating the committee which reported it.

Mr. Thacher. I did not say any such thing.

Mr. Ritchie. It was so intimated.

The President. Gentlemen will confine their remarks to the question,
and address the chair.

Mr. Ritchie. With respect to new county seats, the committee were
of opinion, where a change was proposed by one coimty, that the voice of
the people of the whole county should be heard concerning the question,
and nothing more. Suppose Shawnee and Jackson counties desired a
change in the line. Now in this article, as it stands, Jackson county as a
whole should be consulted, and Shawnee county could not force Jackson
to give up a portion of her territory. These propositions are on the prin-
ciple of the big fish eating up the httle fish. I hope none of the amend-
ments will prevail.

Mr. BuRRis. Mr. President, it seems to me the remarks of the gentleman
from Douglas (Mr. Thacher) show an objection which might be urged
against allowing the Legislature to change county lines with the consent of
residents in a particular district. We may suppose two counties lying
side by side. In one they may have levied taxes and erected public build-
[*112] ings. After being heavily taxed for a long succes^s'on of years
they get through with all their public expenses, and then a little strip of
Territory on one side of the other county, in which they have j^et taken
no steps toward their public works of improvement, might desire to be at-
tached to the county that has gone through with these expenses. They
might petition the Legislature and thus leave the county poorer, and less
able to bear such expenses as putting up her public buildings, building
bridges, &c., where th's strip of territory would escape and shirk its por-
tion of taxation. I think the people of both counties in their a-rgregate
capacity are interested in any question of this kind that may come up. I
hope neither the substitute nor the second amendment will be adopted.
Let the wishes of all the -counties concerned be taken into consideration.

Mr. Houston. Mr. President, I suppose we all agree that we some-
times commit errors ourselves. 1 suppose the men that have preceded us

Friday, July 15, 1859. 199

have not been men with different passions and judgments from ourselves,
and that they sometimes committed errors. 1 think the bogus legislation
that made these county lines committed some gross errors, and they ought
[to be,] and will be corrected. You should not make the matter perma-
nent, so that the Legislature could not change county boundaries, no matter
how much it might be injurious to the people. Shall we place ourselves in
so awkward a predicament as this, that we can't possibly avoid the results
growing out of it? I am in favor of the amendment of the gentleman.

Mr. PiiESTON. Mr. President, I cannot conceive why my colleague thinks
this is the best way. 1 live in a small town that is ri ht on the edge of the
county. We have to go 25 miles to do county business; and yet we are
within two miles of another county seat. The voice of the county could
put us to this inconvenience as long as they pleased, if this is passed. It
is unjust. The matter ought to be left with the people of the district di-
rectly interested. What are county seats established for, if not to afford
facilities for the people of the county to do county business? And surely
the people in the county are those having the most county business to be
done.

Mr. Griffith. Mr. President, I understand that to mean that the
vote shall be submitted to the people of the district or county that is
proposed to be organized into a new county, or clipped off of another. It
is possible that a large county could clip a small county to its very great
detriment. In the county where I reside there is a strip of land three
miles wide between Linn and Bourbon counties. Now, whichever of these
counties has a majority of voters would have the strip of land according
to the section, but if we put it in the form of the substitute, we leave it to
those persons residing in that section of the country.

Mr. Thacher. IVlr. President, I beheve it is better to leave the matter
to the Legislature. I think it is customary to leave the Legislature to act
upon this matter. As it stands now, it does allow the big fish to eat the
little ones. It prevents a small community from leaving one county and
going into another.

Mr. Blunt. Mr. President, I don't exactly accord my views with the
substitute, and I don't think it exactly carries out the views of the mover.
It provides that no county lines shall be changed without the consent of
the people —

Mr. Thacher. I withdraw my substitute.

Mr. Blunt. Then, Mr. President, I wish to offer the following as a
substitute:

"Sec. 1. The Legislature may provide by law for the organization
of new counties, locating county seats, and the changing of county lines."

It is evident, that at no far distant day, there must be some changes in
county lines to make them conform with township lines, &c. There
[*113] *is not in the whole Territory of Kansas a county boundary that
is established upon township lines. A change may be proposed in a county
line in which four counties are interested. Three of these may agree and
the fourth oppose such a change; and thus the change can be defeated,
against the will of the other three. Hence I had rather leave this matter
to the Legislature, inasmuch as we cannot get at it in a way satisfactory
here.

The substitute was adopted upon a division — affirmative 25, negative 20.

200 Convention Proceedings and Debates.

Mr. Wrigley. Mr. President, I desire to offer an amendment, which I
will read:

"The Legislature may provide by law for submitting to the people of
each county, at an annual election, the question of the location of county
seats, and the Le2islature shall not change the county seats, or boundaries
of counties, without the consent of a majority of the people of the counties
(Urectly interested in such change."

I think the substitute I offer removes the objection which the gentleman
from Douglas (Mr. Thacher) recited. It does seem to me that the people
of the district immediately interested ought not to have the full say in the
matter.

The President. The chair thinks the amendment out of order, as a
similar question has been passed upon by the committee.

Mr. Wrigley. In tins instance it would require a majority of all the
counties interested to effect a change.

The President. Unless objection is made, the chair will entertain the
substitute.

It was laid on the table, upon a division — affirmative 23. negative 20.
The section as amended was then adopted.
Sections 2, 3, 4, 5, were read and adopted.

So the article passed, and then it was referred to the committee on
Phraseology and Arrangement.

schedule.

The special order is the report of the committee on Schedule.

Mr. Blunt. I move that we go into committee of the whole on that
report.

The motion was agreed to.

The Convention accordingly resolved itself into a committee (Mr.
Burris in the chair) and proceeded to the consideration of the schedule.

On motion by Mr. Slough it was taken up section by section.

Section 1 was read and adopted.

Section 2 was read.

Mr. Thacher. Mr. Chairman, I move to insert the word "Territorial"
just before the word "Governor" where it first occurs.

It was agreed to by consent.

Section 2 was adopted.

Mr. Houston. I would suggest another amendment.

The Chairman. The Chair is of opinion the amendment would be out
of order. It can be reached hereafter.

Section 3 was read and adopted.

Section 4 was read.

Mr. President Winchell. Mr. Chairman, I desire to make an amend-
ment to this section. Strike out the word "now" and insert after the word
"Territory" the words "at the time of the ratification of this Constitution
by Congress," making it read as follows: "Sec. 4. All laws and parts of
laws in force in this Territory at the time of the ratification of this Consti-
tution by Congress, not inconsistent with this Constitution, shall continue
nnd remain in full force until they expire, or be repealed." My object for

Friday, July 15, 1859. 201

making this amendment is this: I remember at the time the Lecompton
Constitution was before Con2;ress for ratification, that the question was
mooted as to whether, if that Constitution were to be ratified, laws passed
[*114] by the Legislature after the passage of that ^Constitution by the
convention here would be of binding force and effect. It seems to me it
would be far better for us to state a limit, instead of leaving it in this
shape. It is j^ftj^ested that the word "acceptance" would be preferable to
the word "ratification." I accept the modification. The case is simply to
apply where it is probable we shall have a Territorial Legislature before
the acceptance of the Constitution by Congress. We shall say at the time
the constitution goes into effect, all laws which that Legislature has passed,
shall also be recognized as laws; that there shall be no question as to
whether they are laws or not.

The amendment was adopted; and section 6 as amended was adopted.

Section 5 was read and adopted.

Section 6 was read.

Mr. Slough. I move to insert after the word "Governor" the words
"Lieutenant Governor."

Mr. McDowell. Mr. Chairman, I don't see the necessity of that. As the
Executive Department has not been passed upon, we have not decided to
have a Lieutenant Governor, and if we do have one, it will not be neces-
sary for him to have an office at the seat of government.

Mr. Slough. I withdraw the amendment. I see the point of the gentle-
man.

Section 6 was adopted.

Section 7 was read.

Mr. President Winchell. Mr. Chairman, I w'ould suggest as to
whether the language of this section is not a little vague. Legal gentlemen
can state what ground there is for ambiguity; whether the adoption by
the people or acceptance by Congress is intended.

Mr. Thacher. I propose "at the date of the admission of this State into
the Union," instead of "at the vote on the adoption of this Constitution."

The amendment was agreed to, and so section 7 was adopted, by consent.

Section 8 was read.

Mr. President Winchell. Strike out "now."

It was agreed to by consent.

Section 8 was adopted.

Section 9 was read.

Mr. President Winchell. Mr. Chairman, I would like to know what
will become of the debts of the Territory, unless paid by the State? I
always supposed they were bequeathed to the State.

Mr. J. Blood. I don't know as I understand the meaning of that sec-
tion. I would propose to amend by substituting for "no debt" the words
"all debts" and strike out all after the word "State."

Mr. McDow'ell. Mr. Chairman, we reported it in this shape to hear
and express opinions upon it. I think all precedent is that the debts of a
Territory are paid by Congress. Of course we desire the debts shall be paid
by Congress, but if Congress should refuse, there remains a series of debts,
the paj^ment of which is unprovided for; so we have here given the Legis-
lature power to saddle the indebtedness on the State. Now, there may be,
under this section, a very important question, and it is this: It is claimed

202 Convention Proceedings and Debates.

by some gentlemen outside of the Convention, that the State will perhaps
necessarily have to assume the claims reported by the commissioners on
claims; and if that proposition is to come before the Legislature, and it
probably may, we have provided that the indebtedness shall not be saddled
upon the State until a vote of two-thirds of the Legislature endorses such
a proposition. I hope members of the Convention will give some expression
upon this question. I think it is an important one; and whatever the ma-
jority see fit, we will adopt.

Mr. Blunt. Mr. Chairman, I will offer the following as a substitute for
that section.

[*115] "Sec. 9. No debt of the Territory shall -be assumed by the
State, except as may be provided by law."

That leaves the matter, in case our indebtedness is not assumed by the
general government, so that the Legislature may provide for the payment
of these debts without a two-thirds majority. As a matter of course our
Legislature will have to meet and pass laws before we emerge from a Terri-
tory into a State, and I think the substitute will meet the case.

Mr. Thacher. Mr. Chairman, I wish to submit a few remarks on this
question. The gentleman from Leavenworth has undoubtedly expressed
the truth with regard to the precedents on this subject. The debts of the
Territories have been paid by Congress, and I think there is no provision
ever found in a Constitution whereby the State agrees to adopt the debt
of the Territory, it being naturally devolved upon the general government
I think we should be still more careful. The bonds are drawn, and it is a
debt properly vouched for. Now suppose, as it is in this claim matter
which has come before us, that something in the neighborhood of one
hundred thousand dollars of drafts have been made upon the Territory by
the auditor and passed into bonds, they are as complete e\'idences of debt
as can be found. If, we say, all debts of the Territory shall be assumed by
the State, why, that is a direct assumption of this indebtedness — and how
much more, there are perhaps few members on this floor who know. I am
of the opinion we should do the people great violence if we adopt these
debts. Let the Legislature pass upon them, and let the people say whether
they are willing to pay these debts or not. The adoption of the section as
it now stands would suit me exactly. I wish the State of Kansas to start
without owing a debt in the world. Whatever debts the Territory owes,
they belong to the general government to pay, and it is time enough, when
the general government refuses to pay them, to think about assuming them.
I trust the section will be allowed 1o stand just where it is. We know it
is harder to get through the Legislature the assumption of these debts by a
two-thirds vote than by a bare majority vote. No gentleman can be
ignorant of the efforts that would be made to carry through this business,
and hence I insist that we should not adopt a provision which will sink
the Convention so low that a vote of twenty-five thousand people will
scarcely resurrect it. The people will vote down the constitution in such
an event. But the ninth section, as it now stands, will carry a guarantee to
them that they are not to be imposed upon in this matter. Any other pro-
vision is an assumption of these claims, and will make the people of the
State of Kansas regret the day in which they had any hand in its con-
struction. I hope the provision will be allowed to stand where it does now.

Mr. Blunt. I would like to know whether two-thirds would be more
honest .than a majority?

Mr. McDowell. You might buy a majority easier than two-thirds.

Friday, July 15, 1859. 203

Mr. Blunt. I would suggest to the gentleman (to carry out the idea
that he is afraid corruption might be worked and these debts be saddled
upon us), that the substitute might be amended by inserting "any law
which the Legislature passes must be submitted to the people for their
ratification."

Mr. Thacher, That will suit me.

Mr. Blunt. I will so amend it with the consent of the Convention.

Mr. J. Blood. Mr. Chairman, I was somewhat surprised to notice that
section in this article. It seems to me such a provision is unusual. I think
no new State has ever made such a provision in any constitution which
[*] 16] has ever been framed, and I can see no necessity for any such *pro-
vision in this. I do not know what the object of inserting it there could
have been, unless it might have been to repudiate the debts of the Territory.
If, as gentlemen say, they are to be paid by Congress, there is no necessity
of repudiating them. Then there is no distinction made for any purposes
whatever. We are contracting a debt here for Vv^hich scrip will be issued,
and we propose, in this section, to repudiate this very debt! 1 don't know
but that some gentlemen may have an idea of raising the value of scrip.

Mr. Graham. Mr. Chairman, as the case of these claims which have
recently been adjudicated upon has been introduced here, it is due to this
body, and it is due to me as a member of the last Legislature, to say how
that law came into existence. It is due to this body that I should state the
facts connected therewith, and what has occurred since. The bill provided
for the appointment of three commissioners — one by the Council, one by the
House, and one by the Governor, and that their action should be final and
conclusive. It was introduced in the House and met with the nearly
unanimous voice of that body. On the passage of that bill it struck my
mind that such definite action should not be taken by the three men who
might be called upon to decide upon these claims; and that a safeguard
should be thrown around them for the sake of the people. I got up as
quick as I could and proposed an amendment, that these commissioners'
decision should not be final, but that the Legislature should reqiiire them
to report their proceedings to this Convention, for the purpose of sending
to the government of the United States the amount found to be lost or
destroyed, and asking them to pay it; and that at a subsequent meeting
of the Le2;islature these commissioners should report the facts — they having
no power to adjudicate finally upon the claims. There being no opposition
scarcely to the passage of the bill, I did not get my amendment read until
it got bej'ond the second reading, and then I was ruled out of order by the
Speaker, saying that it could not be amended on the third reading. The
bill passed with only three dissenting voices. In a few days the friends of
these claimants introduced in our body a bill providing for five himdred
thousand dollars of these debts to be paid by bonds of the State payable
in 1865, with interest. This began to alarm the body. They thought that
this thing was carrying the matter too far — at least it was placing in the
hands of a few men too much discretion. We resisted that and voted it
down. The former bill, however, received the signature of the Governor
and became a law. The Council had elected their man; but we in the
House came to the conclusion, in order to defeat the veto, not to elect our
man. The friends of our claimants introduced an amendment to the bill,
as passed, and thus a law, that these commissioners should have no more
power than merely to ascertain the facts and report to this body — their
action having no binding force upon the people of Kansas. That amend-
ment passed through both branches of the Legislature, but so anxious

204 Convention Proceedings and Debates.

about it were we that not until that bill received the signature of the
Governor (and it was returned to us about 11 o'clock on the day of ad-
journment) did we elect our man. But in direct violation of this law — I
charge no fraud anywhere — it appears now that it did not apply to the
bill creating the commissioners. That is the dodge taken by the Auditor,
and bonds have been drawn by him to pay these adjudicated claims, and he
has made them a debt absolutely. Therefore, under these circumstances,
it is due to the people that the spirit and intention of the law should be
[*117] respected; and I think it is carried out *in this section. I favor
the adoption of the section for these reasons.

Mr. Kingman. Mr. Chairman, I move that the Committee rise and
ask leave to sit again, as the adjoining time has come.
The motion was agreed to.

Accordingly the Committee rose, reported progress, and asked and ob-
tained leave to sit again.

The President then adjourned [the] Convention till 3 o'clock, p. m.

AFTERNOON SESSION.

The President's hammer called the Convention to order at 3 o'clock.

Mr. FoRMAN. Mr. President, I move to suspend the rules in order to
allow me to make a report from the com>mittee to which was referred the
petitions of citizens of Southern Nebraska.

Mr. Slough. If the gentleman will withdraw his motion, I will make
one that will give him an opportunity to make his report in regular order.

Mr. FoRMAN. I withdraw.

Mr. Slough. Mr. President, I am informed that the delegates from
Southern Nebraska are anxious to return home, and for the purpose of giv-
ing them an opportunity of being heard upon this question, and in view of
the fact that it will be almost impossible to complete the report we had
before us this morning, I move that the further consideration of the
schedule be postponed until Monday next.

Mr. Thacher. I suggest to-morrow morning.

Mr. Slough. There is a blank in that report which I think we will
have some difficulty in filling; several members cannot be here to-morrow;
and I ask as a matter of personal favor that it be disposed of till Monday.

Mr. J. Blood. I favor the postponement till Monday.

Mr. Thacher. I withdraw my objection.

The motion was agreed to.

THE northern BOUNDARY.

Mr. FoRMAN. Mr. President, in behalf of the committee I offer the fol-
lowing report:

"The select committee of thirteen to whom was referred the memorial
of certain delegates elected by the citizens of that part of Nebraska Terri-
tory South of the Platte River, to attend this Convention, asking that the
Platte River be made the Northern Boundary of the State of Kansas, beg
leave to refer the same back to the Convention without recommendation.

John W. Forman, Chairman."

Friday, July 15, 1859. 205

Mr. Stinson. I move that the Convention go into committee of the
whole on the memorial.

Mr. J. Blood. I believe it was the derision of the Convention to make
that the special order for to-morrow morning.

Mr. Slough. Mr. President, I move to reconsider the vote by which
the report on the Preamble and Bill of Rights was made the order for to-
morrow.

Mr. J. Blood. 3ilr. President, I can see no necessity for taking this
question this afternoon, and would much prefer it would lie over till to-
morrow morning.

Mr. Slough. These gentlemen, as I have suggested, are anxious to re-
turn home, and I think it better to reconsider, so as to give them an oppor-
tunity of being heard this afternoon.

Mr. J. Blood. I have no particular objections, but I supposed the de-
cision of the convention was satisfactory, and I was in hopes some other
reports would be taken up.

Mr. Thacher. I suppose the object of going into committee of the
whole is merely to listen to these gentlemen. I suggest that the gentle-
man modify his motion so as to take up the report of the committee of
thirteen.

Mr. Stinson. I would ask if it is necessary to reconsider the vote, to
take up the report?

The President. The Chair suggests that it would be well to keep the
reports in their order, together, to avoid confusion.
[*118] *The motion to reconsider was then agreed to.

Mr. Slough. I move that we go into committee of the whole on so
much of the Preamble and Bill of Rights as refers to the Northern
Boundary.

The motion was agreed to.

The Convention thereupon resolved itself into a committee, Mr. Stinson
in the Chair.

Mr. Thacher. Mr. Chairman, I move that the gentlemen represent-
ing Southern Nebraska upon this floor be invited to speak.

It was agreed to.

Mr. Slough. I would suggest for the convenience of the speaker that
the gentleman take the stand.

The Chairman. The gentleman will please step forward to the stand
or near it.

Mr. Reeves. Mr. Chairman, permit us delegates from Southern Ne-
braska, through you, to express our thanks to this Convention for the
courtesy extended toward us. We regard the proposition which we have
come here to lay before this Convention as one of ]:)aramount importance
to us, and we have the vanity to think that, if it is properly understood,
it will be regarded as an important matter in Kansas Territory. We ]>ro-
pose that the Convention shall define the boundaries of the State of Kan-
sas as it sees fit; and then insert a provision that the northern boundary
shall be extended to Platte River, pro\'ided that Congress, and the people
of Kansas and Nebraska, included within the boundary, shall assent.

If this is not satisfactory, let the Convention define the boundaries, and
simply memorialize Congress to extend the boundary to Platte River.

206 Convention Proceedings and Debates.

Perhaps, before I go any further, it would be well that I should state what
particular subjects we have in view to lay before this Convention. We
were elected by the people of the Southern portion of Nebraska, acting in
their own sovereign capacity, and sent here for the purpose of having the
subject of extending the Northern boundary of Kansas to Platte River
gravely considered by you. We did not come here with a view of making
this a sine qua non, or as a condition precedent to your admission into the
Union. We ask nothing of this kind. What we ask is, that the matter
may he fairly laid before the Convention, and through it fairly laid be-
fore the people and the Congress of the United States, believing that our
cause is a just one and will ultimately prevail. If your people will not
consent, and Congress shall refuse to give their assent, you can fall back
upon your original boundaries, and we don't propose to throw one particle
of an obstacle in the way of your coming into the Union with your present
boundaries.

It is necessary, perhaps, before entering particularly upon this subject
that I should give some of the reasons which have influenced us in thus
coming to you and asking you to extend your jurisdiction over our country.
First, I would say thaf we are a common people, sprung from a common
ancestry, descendants of the same fathers of 1776, knowmg how to appre-
ciate their rights and desirous of placing themselves in such a position that
they may exercise them. We have too, w'th yon, common Interests and
common sympathies. We have ever sympathized with you in your struggle
for freedom, and when aid could reach you through no other quarter a
passage was found through the very country which I in part represent to
bring men, munitions of war and provisions for the aid of this people. We
have a common interest, for we are upon the same great Une of travel. A
large portion of the eastern travel striking westward and to the gold
mines goes through your Territory, and another through our Territory,
but all concentrating in this section of country which we propose to eive
[*119] to you; and which, if secured to you, would *unite the whole
western travel within your own borders.

Another consideration which induces us to ask for this change in our
jurisdiction is, that the Platte river is the natural northern boundary of
Kansas, while our present boundary is only an imaginary one. It is a
wild, turbulent and almost impassable stream; it is not navigable even
for flatboats. And as evidence of which I will just state, that an hour or
two ago I noticed a statement in a letter written from Denver City, which
says, that many emigrants have attempted to return in boats, and that
it is doubtful whether their descent will be safe. Such is the character of
the stream that, though a ferry may be running across at this place this
evening, it may be found utterly impracticable to cross to-morrow. Mem-
bers elected to the Legislature from our section cross the Missouri river, go
up through the State of Iowa, and recross the Missouri, to get to the
capital.

But the trouble is not found wholly in the fact that the Platte river is so
impassable a stream. There has been a fruitful source of strife, of sectional
feelings, which has kept the Territory in continual ferment from the day
of its ororanization down to the present time. Our capital was located by
force and violence north of Platte river. The people have twice voted to
remove it, and twice have been foiled in the act. I was present at one time
and saw this thing: the crowd broke across the bar, took the speaker from
the stand by violence and thrust him under the table, and notliing restored
order but the intervention of the Governor with the military. Then, in

Friday, July 15, 1859. 207

self-defence, and out of respect to themselves, the Legislature adjourned
to the adjoining town of Florence, where they finished up their legislation
and delivered it to the Secretary of the Territory, who took it and locked
it up in his safe — and there it remains, for aught 1 know, to this day. We
refused to publish it, and utterly refused to pay members from Omaha.
Thus, gentlemen, you may perhaps perceive that while you have had war,
we have not been quite at peace.

Another reason why we urge this boundary upon you is in the considera-
tion that the 40th degree of north latitude is an imaginary line, which
is inconvenient, facilitates escapes, and causes to arise questions of jurisdic-
tion. If I commit an offence against law, all I have to do is to step across
the line and I am safe till you get a requisition from the Governor — thus
facilitating escapes upon all hands ; while, if the boundary line extended to
Platte river, that river is almost totally impassable and would be an
effectual barrier to all that.

Another cause of complaint with us is this: they having the seat of
government at their point, of course have all the Federal appointees, such
as the Governor and Secretary, who have the disbursement of the public
moneys. There has been appropriated by Congress for works of internal
improvements one hundred and fifty thousand dollars; and the records
will prove what I here assert, that every single dime has been laid out
north of the Platte river. Not one dime has ever found its way south of
the Platte. The money which was appropriated for the construction of
the Capitol, was squandered; and the appropriation for military roads was
every dollar expended north of the Platte river. They tax us to make
their own improvements. They send us Judges who do not hold our
courts — and Secretaries who treat the Legislature as a guardian would
treat his wards.

And in addition to this, the general government, in its protecting care
and kindness to us, has seen fit to send us judges — men who, if worthy
the title, at least have forfeited it by the conduct which they have mani-
fested towards us. One thing is certain, they have grossly neglected the
duties of their office. We have had but one court in the most populous
county in the Platte river country for two years, and there are four
[*120] hundred cases on the docket. Our *Judge is now away on a
visit in Ohio; court is held the first Monday in August, but whether he
will be there or not is more that I can tell. Our country is put to just as
much expense as though the business of court was correctly transacted.
Can it be wondered at then, that we should have got a little tired of fed-
eral intervention?

We desire to participate in the benefits of railroad grants, and to unite
our destiny with a wealthy, populous, energetic people, with the view of
lessening the burdens of taxation, and augmenting our influence in the
national councils.

Again, by a decision of the Department at Washington, it has been de-
termined that no Territory can use school lands that are reserved for
the use of States that may be formed out of it. We have sued, through
our delegate in Congress, to have this land set over for our use, that we
mieht make use of the interest procured from its sales. We have iDcen
answered that we cannot have control of this money until we come into the
Union as an independent State. This is another argument that operates
alike upon us and upon you. We have much good land which has been
donated, by the government for the purposes of education; but we cannot
use it \mtil we are admitted into the Union. If there is any people under

208 CoxvEXTiON Proceedings and Debates.

the sun who do need their funds for common school purposes, it is the early
settlers of a country. We desire to secure this blessing by annexation with
you.

Now having stated to you some reasons which have influenced us in this
action, and they are but a few out of many, I will go on to state a tew of
many reasons which I think ought to influence the people of Kansas in
favor of this project.

It will add more fertile tillable land, add population, wealth, influence
and distinction, and lessen taxation.

It will open a communication through free territory with all the eastern
cities.

It will make Kansas a first class State — which she cannot be without it.

It will weaken the competition of Omaha and Council Bluffs for the line
of the Great Pacific Railroad.

You will observe, on the map of Kansas, that she has a very limited
river front. By looking a little farther you will discover that by the
annexation of this small territory, you will fully, perhaps more than
double your river front; and it is a well established fact that both in this
Territory, and in the Territory of Nebraska, the aggregation of wealth and
of population will, perhaps for years to come, be found upon its river
front. Then, in addition to this fact, the river front is the richest portion
of country we offer to you. Ihe soil of thot country is unsurpassed by any-
thing that you have in Kansas.

Perhaps it would be well for me to give a brief description of that section
of country. Commencing on the 40th parallel of northern latitude, where
the same intersects the Missouri river, and running up three mi'es, we
come to the mouth of the Great Nemaha river, a clear, running, wi'.d and
very narrow mill-stream, which, as you go up, branches out and traverses
the whole country embraced by three or four counties, fed by springs and
beautifully divided up between timber and prairie, and a country which
is now fast settling. Go up the river some eight or ten miles and you come
to the little Nemaha, a stream amply sufficient to drive mills and machinery.
Go up a little higher, and j-ou come to Camp Creek, another stream,
upon which mills are already built. Go up higher and you come to
Nebraska City, which is situated at the mouth of Roble creek, and a very
handsome settlement. Up the Missouri river eight miles, and near the-
line which divides Otis and Clay counties, enters the beautiful Weeping
[■•121] Water. This is one of the lariest *class of mill-streams, and enters
into the Missouri at the village of Wioma. Rock and timber, with good
spring water and rich soil, are abundant. Farther up is Rock creek, an-
other beautiful stream. Coming to the mouth of the Platte, and rimning
up that you come to Eight-mile creek. Running up thirty mi^es further,
having crossed several small streams, you come to Salt creek or Saline
river, entering into the Platte river from the South, and heading at or
near the Kansas line. This is a beautiful stream which derives its name
from the fact that salt springs are numerous along its banks — so much so
that the water is strongly impregnated with salt. We next come to Elm
creek. Go westward across the country to 102d or 103d decree and your
line will cross the Republican and Great Fork of your own beautiful Kan-
sas river. As you follow it up one hundred mi^es west, the Missouri river
crosses the line and keeps on the north side of it for the distance of six
mi'ps due west. These are some of the streams and from them you can
perhaps form some faint idea of the topographical beauty of that country.
It is proper to observe that nearly every portion of this country has the
best quality of lime.stone building rock.

Friday, .k lv 15, LS59. 200

We projjose to give you seventy miles river front — west indefinitely —
say 200 miles west ; which would include 14,000 square miles, and a poi)u-
lation of 15 to 20,000 industrious, energetic, liberty-loving people, who
have subdued the prairie, erected manufactories, built towns and churches,
established schools, and made the desert place to smile and the wilderness
to blossom as the rose.

This, and all that we have and are, physically, socially, morally and
politically, we present to you. We lay the boon at your feet and ask you
to receive it in consideration of — what? in consideration of permitting us
to unite our destiny with yours, for weal and for woe, that we may, in
common with you, enjoy the rights of American citizens.

Coal has been found on fhe half-breed reserve, in Douglas and Johnson
counties, and on Salt creek veins have been found five feet in thickness.
Then again there are perhaps the very best facilities for the manufacture
of salt in that redon of country that can be found in the West. There
are salt springs there between Lancaster and Crystal, that are said to vie
in every particular with those of Syracuse in the State of New York.
These waters have been analyzed and tested, and have proved to be equally
as good as any. These springs are numerous and may also be found on the
head of the little Nemaha. The most prominent of these springs are called
Crystal, Lancaster, Syracuse and Salt springs. These afford water in in-
exhaustible quantities. The whole country roundabout is encrusted with
salt, even it seems as though the very grass was encrusted by it around
there for the di.stance of one-fourth or half a mile. Hence I misht adduce
an argument in favor of annexation upon this alone. It is expected of the
General Government to give to every new State some dozen salt springs
with a half dozen sections of land. I mention this that you may draw
your own deductions. We cannot go into details.

Another reason why Kansas ought to be in favor of annexation is,
that it will secure to her already large number of inhabitants an addition
of fifteen or twenty thousand industrious, energetic and liberty-loving citi-
zens— men who know their rights, and knowing dare maintain them; who
appreciate the blessings of liberty and desire to enjoy them; who have
gathered a little of this world's goods around them, and would be willing
to assist in defraying the expenses of government. We have not asked
that you should admit us to help yovi frame the government — if you can
live rndcr it, we can join in with you. We propose to surrender up this
[*122] section of country with seventy-two miles* river front from north
to south by forty-five miles back. We propose to surrender up this
country, with our towns, farms, people, wealth, and say to you, "Take this,
and extend your jurisdiction over it." In short, we propose to surrender
to you all that we have and are, physically, morally, socially and politically
— and what do we ask for it? We ask simply that we may be permitted
to step upon the threshold as independent citizens of the Union, who exer-
cise their rights as American freemen.

Can it be possible we will be any disadvantage to you? Methinks I
hear some one say, "I don't know about that. I am afraid your politics
ain't exactly right." I don't know, I honestly declare, what is the poUti^s
of that section of country. It has been said, that it was bad policy to send
Democrats here to represent that people. I am a Democrat, and the
people of that section of country have seen fit to send me here to lay
this matter before you. They have also seen fit to send me to the Legis-
lature twice, and in opposition to regular Democratic nominees. I profess
to be one of the old Jackson kind of Democrats; and as such I believe
the people ought to rule; and I would not ask you to do anything that

14 — 778

210 Convention Proceedings and Debates.

would place this question out of the hands of the people. But adverting
to politics, I said, I did not know the politics of that section — and truth-
fully _ I say this, because parties never have been organized — the only
questions have been sectional exclusively. I can give a history of this.
At the first election Bird B. Chapman was opposed by Giddings, who was
elected. Chapman was again opposed by Hiram B. Bennett, and was
elected to Congress; but when the matter came up before the House of
Representatives, they decided that Chapman ought to have the seat. If
any gentleman recollects the history of this transaction, he will recollect
that Bennett received a majority, but was declared not entitled to hold
h's seat in consequence of some informality in making the returns. At
the third election Judge Ferguson was elected by the people from the
south portion of the Territory in connection with the countv v.'hi^h lies
at the mouth of the Platte river, in order to break down the power at
Omaha, irrespective of party. There is at Omaha a clique of men who
call themselves the Democratic Central Committee, and another calling
themselves the Republican Central Committee, and both have called
Conventions for the purpose of nominating candidates for Congress. I
believe the whole matter will be a perfect fizzle. Politics will be lost sight
of in this local question again; and such must continue to be its history
until this matter is settled. Never but one attemnt wns made to or-
ganize the Democratic party, and that was at this last election. A por-
tion of the Democracy urged on by office-holders — we have a General
Land Office there — and these men. who receive their authority from the
General Government, being interested in putting forward Democracy, as
they call it, called a Convention before the last election, and got out a
set of candidates. The united opposition called a mass meeting and made
unanimous nominations for the offices, composed of men independent of
party, a maiority of whom were Republicans, and took the field in opposi-
tion to the Democratic nominees and beat them. There is not a corporal's
guard of Administration Democrats south of the Platte river. As to the
complexion of our last Legislature, it wn? decidedlv Republican and elected
a Republican Speaker of the House — this same Bennett, who was once a
candidate for Congress.

fentlemen, it is perhaps necessary now (for 1 must be brief) that I
should notice some of the obiections urged asainst this movement. And,
first, it has been urged that to take this section of country into the State
of Kansas would make the State too large. Kansas is only in round
numbers two hundred and ten miles from north to south. To extend
west two hundred and fifty miles would make fifty-two thousand square
mi'ps. We propose to add fourteen thousand square miles; and then if
[*123] *you go west two hundred mi'es, it would be making sixty-six
thousand square miles as the size of the State, which is not unusually
large. Minnesota has one hundred and forty-one thousand; California has
one hundred and eighty-eight thousand; and Oregon has one himdred and
seventy thousand. It will be but four degrees in length, and just as long
as the State of Missouri. If you add this section of country it would be
adding just one degree of north latitude to the mouth of the Platte River.
This will make Kansas north and south precisely that of the State of
Missouri — there will not be two miles difference. Upon the west you have
an open boundary — it is indifToreut to me whether you run to the Rocky
Mountains, or only two hundred miles. You may take this se^^tion of
coimtry and go back two hundred miVs, and be no larger than the State of
Missouri, and not so large as Minnesota, California, and perhaps Wisconsin.

Friday, July 15, 1859. 211

I have heard it urged that Nebraska was in debt, and you would have
to help pay a portion of her debt. I assure you this is all gammon. Ne-
braska never has created a debt of any consequence. What have they
done to create a debt? I know of nothing but the building of a bridge.
Th'S is the only work of internal improvement that I know the Territory
to have been guilty of. I assure you, a late report of the Auditor showed
that Territory in debt only seventeen thousand dollars. At the last session
of the Legislature they passed a new and very stringent revenue law, and
it is believed the Territory will not be in debt one cent. On the other
hand, we are told Kansas is in debt, but we care not; we know here is a
country which will be populous and wealthy, and the consideration of hav-
ing to pay a few thousand dollars of debt, weighs not one particle. We
don't ask you to help pay our debts.

Again, I have heard it objected that the annexation of Southern Ne-
braska may prevent the admission of Kansas at the next session of Con-
gress. Now, gentlemen, let us look at th's matter and see if it is possible.
We propose that you shall memorialize Congress, that in the act for the
admission of Kansas they v.ill extend her boundaries so as to include that
Territory. Suppose Congress fails to do this; she can admit you without.
We don't seek to make this a condition precedent. We ask you, if you
think it necessary, to refer this matter to a vote of the people, and if the
people decide in favor of this project, send up the Memorial to Congress
and ask it of them. If the people don't assent, keep your Memorial at
home. If they do assent and Congress refuses, come into the Union with
your old boundaries. What harm can it do you? It gives us a chance;
and that is what we seek for. I am fully of opinion that if this provision
was engrafted in your Constitution; if you declared that your boundaries
should be thus and so, including the Platte River as one boundary (which
would give you more population, and thus bring you within the require-
ments of the English bill) Congress would assent almost without a dis-
senting voice. Congress is getting tired of agitation, and they would be
glad to receive Kansas upon any fair terms. The Kansas policy of the
Administration has almost run the Democratic party out, and the Re-
publican party, having effected all they desired, would feel themselves in
duty bound to vote for her adm'ssion. I say, gentlemen. I am fully of the
beUef, that if this measure was incorporated — as the State of Iowa in-
corporated a provision that she would go to the Missouri River or not at
aU — I believe Congress would admit you. We don't ask you to take this
ground, but we believe the boon is worth the trial.

You will recollect it is said, we have no precedent for this. I point you
to the State of Iowa. The State of Iowa as first organized was bounded
by a line running a little west of the capital — Fort Des Moines. The
peonle declared her boundaries should extend to the Missouri Ri\er. Con-
[*124] gress sent it back, declar*ing they had claimed too much terri-
tory. The people decided they would ?o there or not at all, and sent it
back with the same boundary; and Congress receded. Thus I have no
kind of doubt but that, if you would place this in your Constitution, Con-
gress would admit you. But, as I said before, we don't seek to en'^umber
you. We ask you to refer the matter to your own people, and if they and
Congress are willing, what harm can it do? It does seem to me, gentle-
men, you should look at this subject calmly and dispassionately, in the
hght of statesmanship, legislating as you are for future generations.

But suppose it was conceded that the Southern portion of Nebraska
was Democratic; can any one of you by any prophetic ken tell what

212 CoxvENTiox Proceedixgs and Debates.

politics it will have five years hence? Can you tell, even, what will be the
issues, and what the parties in existence then? If you can, you are a
better statesman and politician than I am. and I have been pajing atten-
tion to these matters for twenty years past. I think it becomes you to
give this matter a careful and statesmanlike consideration. A boon is
within your reach: all that we have and are we lay at your feet and ask
you to take it up, simply in consideration that we shall enjoy the same
privileges you enjoy. •

Some gentlemen believe they can take this question up some other
time. I have heard the question of the Platte purchase alluded to: but
that is far from being a parallel case. It was attached to the State of
A.issouri after it had been organized some ten or fifteen j'ears, when it
was a wild, unknown territory, containing no people to act for themselves.
Here the case is different. We have fifteen or twenty thousand people.
After we have done our duty in this regard, if the Convention in Kansas
refuse to do anything to help us out of our predicament, we shall think
that they have no sympathy with us; our people may refuse afterward to
co-operate with you, and the golden opportunity having slipped by you
once, it may be gone forever. Besides the influence of emigration, no man
can tell what it will bring about five years hence. When you may be ready
there is no man can tell by what influences these people may be sur-
rounded. It does seem to me, in the language of the preacher, that "now
is the accepted time and now is the day of salvation." We feel that this
is the day of salvation for us. We feel, over a large extent of country that
our liberties are to be ground down by the heel of oppression worse than
they have been, because we know this population will increase much more
rapidly than ours. We have been able to make a good fight so far, but
have not much hope for the future.

Gentlemen, we do hope your action will be such that we will not have
to go back and tell our constituents that the people of Kansas think them-
selves as wealthy, prosperous and populous as she wants to be; that our
friendship and sympathy has been in vain; that we have offered to come
under the jurisdiction of that liberty-loving people, and they have spurned
us; that Kansas has voluntarily refused to extend her jurisdiction over
as fair a land as the sun ever shone on, and over a people anxious as them-
selves to enjo}' the rights of freemen. It is dependent upon your action,
gentlemen.

And now let me ask these delegates what they will say to their con-
stituents. You will say to them, "We might have extended our jurisdiction
seventy odd miles north, over a fertile country, containing over twenty
thousand inhabitants, who have built churches, schoolhouses and mills,
and who desire to enjoy the institutions and immunities of American citi-
zens, but — but — but — but — but what?" say your constituents: "We were
afraid they would not vote right ! " Is this the story you desire to tell your
constituents? If so, I predict the reckoning will be made with man}'' of you
before ten years shall roll round. I think 1 see a disposition on the part of
[-125] this intelligent Convention to *give us a fair chance, by referring
this matter to the people or to Concress. Congress made a great mistake,
but that can now be remedied. Let it not now be said that this intelligent
Convention, acting for the people, have made a greater mistake — which
may be irremediable. The golden opportunity, once lost, may never occur
again.

Mr. Taylor. Mr. Chairman- permit me to return to the learned and
honorable President of this honorable body my sincere thanks for the

Friday, July 15, 1859. 213

courteous and kind reception which has been given the delegation from
southern Nebraska. And permit me to return to this Convention my
thanks for the distinguished consideration they have shown the people I
have the honor and pleasure, in part, to represent on this occasion. It is
to be hoped that the acquaintance which we have formed here may im-
prove as time shall roll on.

We of the Territories of Kansas and southern Nebraska are one people,
because we have a common ancestry. We are one people in feeling, in
interest, and in sympathy. We came here, on behalf of the people of
southern Nebraska, to offer an inheritance to the people of Kansas; and
all the people of Kansas have to do upon this occasion is for the members
of this Convention to say that they will accept of that rich inheritance.
Where in the history of the world can you find a parallel to this? Go
search the musty records of the history of ancient times, and you cannot
find a single parallel to the case that is presented here to-day. A people
organized under different jrovernments, and of contiguous territory, com-
ing forward and voluntarily proposing to unite with this people, and yet
we are told the question is one which requires consideration.

Why is it that the people of southern Nebraska desire to unite with the
people of Kansas? Their territorial governments were created by virtue
of the same act; but the power that ruled the nation at that time had
something else in view than the good of the people who inhabited the
territories created by this act; and hence an imaginary line was made
between the territories on the 40th degree of north latitude, an artificial
fine, a line south of the line dividing the free State of Iowa and the slave
State of Missouri, a line which made the territory of Kansas less, from
its extreme southern to its northern boundary, than the slave State of
Missouri. Why was it? Why was it? There can be but one answer, and
an ingenious mind is bothered to find but one. The object was by legisla-
tion, and acts which would be brought into requisition, to make a slave
State of Kansas; but they have failed in their undertaking. And what
has this fine done? It has not only created discord in Nebraska, but has
tended to brine about the ci^•il wars you have had in this country. That
Kansas-Nebraska bill had a stump speech inserted into it for the purpose
of pacifying the mind — the clause that the people have the right to regu-
late their own domestic institutions — but the government that asserted
the libel retained the power to appoint the Governor and Judses, gi\-ing
the Governor as much power as a majority of the Legislature. How could
a majority of the people regulate their own institutions by the will of the
majority, when they have placed over them a Governor who is a repre-
sentative of the Administration, and Judges who are representatives of
the power at Washington. The one having the veto power upon the
Legislature, and the others adjudicating upon its acts. They could not do
it, and the declaration in the organic act was false. But what has this
line done? It has distracted both territories, and our people have sorely
felt the effect of this artificial line.

Our people feel the necessity of a State government, and desire to put
a stop to federal intervention. Federal intervention has amounted to
actual war in our country; it has been a struggle between the people and
the government at Washington, to see who shall control and regulate the
domestic institutions of the territory of Nebraska. Our people are an in-
[*126] *telligent people, and they feel the necessity of an early State
government, because they have a desire to control the school fund for the
education of their children. Our people are impressed that wealth and

214 Convention Proceedings and Debates.

emigration alike prefer the stability of a State government to the chances
and changes of such a territorial government as we have now in Kansas
and Nebraska. There is a large and fertile country back of the settle-
ment where we live of as fine land as there is in the Union; and we know
that as soon as we have a State government the tide of emigration will
flow into the beautiful State of Kansas; and hence it is that our people
desire to become an integral portion of Kansas.

But, say some gentlemen, we object to its coming in because it is Demo-
cratic. Sir, I deny the proposition. Except in the election of 1850 [185f)?],
and I undertake to say I am as familiar with public sentiment there as
any other man, there has been a large majority of them Republicans. In
185S a Republican was elected from Cass county to the Legislature. In
Oto county the party lines were drawn; the district judge mounted the
stump and took position against the nominees of the people. We had
Majors, Russell & Co., miUionaires and contractors with the government,
to contend against, but it resulted in the defeat of the nominees of the
Democratic party. There was a Repubhcan elected to the council (Mr.
Reeves) from Oto and Cass counties. One Republican from Oto and one
from the two counties having a floating candidate, both solid Republicans
were elected to the Legislature, and by virtue of this we had a majority in
the last Legislature which assembled in the territory. We elected a Re-
publican printer as we had a right to do, but the Secretary of the Terri-
tory assumed power and control over the printing and said; while the
people might go through with the farce of electing dele-^ates they had no
rieht to say by whom the laws which they enacted should be printed.
This question was laid before the powers at Washington, and they have
dodsred it, having never decided it to this day. So, gentlemen of the Con-
vention, there is nothing political in this question. This question was not
made a political issue in the discussion before our people. The people of
all parties are for it there; there is not a corporal's guard against it,
because they feel that to put a stop to federal intervention will conduce
to their prosperity and peace in the future. I undertake to say, that the
northern portions of this Territory, if we can draw any deductions from
observation and from experience, will always be, as far as free-soil senti-
ment is concerned, more thoroughly free-soil than the southern portion.
It may not hold good to-day, but it will hold good as a general proposition.
Look at northern Ohio, Indiana, Illinois and Iowa, and thp proposition is
demonstrated. Emigration to the west pursues the parallels of latitude;
and whi'.e in this latitude they will come from southern Indiana, Illinois,
and other places; further north, they come from further north; and mark
my prediction to-day, if that country should become a part of Kansas,
when Kansas shall be entitled to, say perhaps five representatives in
Congress, the northern part will be more thoroughly anti-slavery and
free-soil than the southern part.

But, gentlemen of the Convention, this question rises above party, I
see around me here young men who are ambitious of obtaining a character
and transmitting to posterity a name. And I would say to those young men
if they desire honors, look at this question above party considerations,
and see whether it will not advantage Kansas as she is, and as she vyill be
when years roll on. I say there is no parallel to this case. The acquisition
of Louisiana by Jefferson was not more important to the general govern-
ment, than is the acquisition of southern Nebraska, to the very Territory
upon which we stand. The acquisition of the Platte purchase to Missouri
was not more important to that State, than is the acquisition of this Ne-
braska country to Kansas; and Thomas H. Benton, after having served

Friday, July 15, 1859. 215

[*127] thirty years in the Senate of *the United States, looking back,
contemplated the act of annexation of the South Platte to Missouri with
more pride and satisfaction than any other act in his whole hfe. The
acquisition of territory lying west of the Territorial government of Iowa
was not more important to that State than is the acquisition of this
country to Kansas. Add it on, and what do we have? You have Kansas,
a compact agricultural State, capable of containing a more vast population
than any other similar section of country. Add on the fourteen thousand
square miles of agricultural land, which we propose to pive you, and you
have a State whose agricultural area is still less than California, Minne-
sota, Oregon or Texas, and less in length from north to south than the
State east of you.

But, says some gentleman who objects to this: If Southern Nebraska is
added on, it will result in striking off a portion of Southern Kansas to
the Cherokee country, and, by virtue of pro-slavery legislation and fraud,
a new slave State will be made south of Kansas. It is impossible. It is
impossible, because the next Congress is Republican. It is impossible, be-
cause the next Congress will like to get the Kansas question out of the
next Presidential contest. It is impossible, because Congress has never
in the history of the nation attempted to dismember a Territory without
the consent of those who are interested in changing the line. It takes two
or more to make a contract. When Kansas applies for admission. Con-
gress must accept the terms she proposes to come in on, or reject them
and propose others. It must be acted upon by the people of Kansas
before any limitation can be effected. The people of Kansas would never
consent to the dismemberment of any part or parcel of her Territory,
between the northern and southern boundary at least. And there is no
instance on record where such a thing was ever attempted. It would be
an act of despotism for Congress which would merit and receive the un-
qualified censure of the entire nation. It is impossible, for the next House
of Representatives will be strongly Republican and would not permit it.
Anti-Lecompton Democrats would oppose it. Such an attempt would
have no precedent or parallel in the annals of the nation. Slavery propa-
gandists would not dare to raise a question or agitate a scheme like this
on the eve of a hotly contested Presidential election — for they are becom-
ing conscious of their misery, and certain defeat looks them full in the
face. It will not be attempted, for Kansas, with the southern portion of
Nebraska added on to her, would be less from the northern boundary to
the southern boundary than the State of Missouri — than the State of
Illinois — than any of the Western States. Sir, Kansas would contain,
with the addition of Southern Nebraska, not more than eighty thousand
square mi'es. The whole extent of country proposed to be annexed does
not include more than fourteen thousand square miles, and if you only
run west to the one hundred and second degree of longitude, that will
make Kansas only eighty thousand square miles — while Oregon contains
one hundred and seventy thousand two hundred and thirty square miles —
Minnesota, one hundred and forty-one thousand eight hundred and thirty-
nine square miles — California, one hundred and eighty-eight thousand nine
hundred and eighty-two square miles. Then what necessity, or what
reason could there be advanced, for dividing Kansas? None whatever.
Sir, if you do not accept of the rich inheritance now offered, you can
never get it. And the fortieth parallel will remain a monument of the
wrongdoing and fraud of the slave power of 1854. When Kansas and
Nebraska were called into being by Congress, it was to the great injury
of the prosperity and progress of the people of Kansas and Southern

216 Convention Proceedings and Debates.

Nebraska alike. If the people of Kansas will take steps to annex that
country, and succeed, and the future State of Kansas should get tired of
Southern Nebraska, they can throw it away as worthless. Then the
candor of members must concede that this objection "melts away
[*128] *Iike frost-work in the morning ray." Then, is it not impossible
that this southern country can be stricken off to the Cherokee country? I
think it is.

It is objected that annexation will increase the indebtedness of the people
of Kansas. This, gentlemen, is news to me. Nebraska, with a territory
larger than all New England, has never done anything to create a debt ; and
her entire indebtedness does not amount to more than seventeen thousand
dollars. The levy for 1859, will more than pay off this indebtedness of the
Territory. Sir, the annexation of Southern Nebraska would have the
opposite effect, and would actually lighten the burden of taxation in the
State of Kansas.

Another objection is, that annexation would introduce a foreign element
into Kansas. Is there anything in this objection? Is it not the merest
quibble? Sir, this is equally futile. A foreign element! The people of
Southern Nebraska are descended from the same pilgrim fathers that gave
birth to this great republican government of ours. And when the people of
K^ansas were cut off from all northern connection by virtue of the operation
of the fortieth parallel which we now seek to change — and when it was
necessary that Kansas should have aid in fighting for freedom — the people
of Southern Nebraska sympathized deeply with them, and many of our citi-
zens participated in the war. The friendship of the people of Southern
Nebraska was extended to Gen. Lane and his army, who could only get into
Kansas by coming through Iowa and Southern Nebraska. Gen. Lane built
a fort within two miles of Nebraska City, and his trooi)s were quartered
there several weeks. And that fort yet exists as a monument of the cause
for wliich he contended. Sir, we are one people in feeling, interest and
sympathy, and should have a common destiny. Then do not urge that we
are a foreign people. It is not true. The facts put to shame an objection
like this.

Again, it is urged as an objection to this measure, that it would affect the
railroad interest of Kansas, bj' adding to the country north of the Kansas
River. This objection is based upon the hypothesis that the Kansas River
is the geographical centre, and this would destroy that centre. A view of
the map will illustrate the fact to be, that the addition of this country of
fourteen thousand square miles — still the country south of the Platte River
— is greater than the country north, and it would make the Kansas Valley
the great thoroughfare for future railroad systems. Are gentlemen living
upon the valley of the Kansas opposed to that valley becoming the great
thoroughfare for the nations of the earth across this Territory to the gold
mines and thence to the Pacific coast? If you are opposed to it, then vote
against Nebraska becoming an integral part of your Territory; because it
fixes the destiny of the great Pacific Railroad passing up the Kaw River
Valley. This argument, that it would destroy the centra! ity of Kansas, is
a new argument to us. We never had to meet that argument in the dis-
cus.sion of the question before our people; but it was urtred there, by those
who first objected, that Leavenworth was the first great Metropolis of Kan-
sas, and she would monopolize all the benefit. We answered this by saying,
that Kansas would be a compact State; that legislation would fall like the
I lews of heaven, and if it did not combinations would be formed which would
equalize legislation ; and the people were satisfied. The scare-crow was not,
that the Southern portion would be opposed to us, but that Leavenworth

Friday, July 15, 1859. 217

city would be antagonistic to us. Here in this Convention we found the
opposite to be the case, and consequently [we] have to meet the converse oi'
this question. Sir, does not the history of State legislation demonstrate
that where State legislation is unequal and unjust, combinations are formed
which equalize the whole thing? But with Southern Nebraska added on to
[*129] Kansas — the *Kansas River is then only the geographical centre.
All sections can unite on the centre in constructing a system of railroads
up the fertile and great valley of the Kansas River — which, from its central,
geographical and topographical position, is unequalled for the construction
of railroads. The capital must be located on the Kansas [River] — unless
you should remain with your present boundaries on the north — it may then
go farther south. But our people care little or nothing about the capital.
I hope, however, there may never be any sectional feeling in Kansas. There
can be but little of this sort of feeling if annexation takes place, for this
reason: Kansas will be a compact agricultural State, susceptible of a very
dense population.

Again, it is urged as an objection, that it would hazard the admission of
Kansas into the Union at the next Congress. Gentlemen of the Conven-
tion, you seem to manifest, from all that I have seen and heard, a re-
markable fear that you will not be admitted. Why was Kansas not ad-
mitted when she applied before? The answer is this: because Congress
adopted an odious and unjust rule requiring that Kansas should have a
given number of population: she was excluded because she had not the
requisite population, if I understand it. Now does she not gain an addi-
tional population, and a territorial domain of vast wealth and importance
to the future State of Kansas? Then it would seem, if I am correct, in
saying if Kansas has to be kept out of the Union it would be because she
has not population enough. Tliis annexation would secure, and put it
beyond the possibility of a doubt. Then I do not think that the annexa-
tion of this country is objectionable because it would hazard the admission
of Kansas into the Union. Of this, however, you will have to decide.

Again, it is urged that it would injure Nebraska and keep back her
admission into the Union. Sir, it would be the making of Nebraska
Territory. As that Territory was organized by the act of 1S56, her settle-
ments are disconnected; and she never can be a compact State, having a
common interest; but there will always be as there has been so far, a sec-
tional feeling, and discord to a greater or less extent will prevail. Take
off this southern portion, and still she contains territory enough for five
or six States of ordinary size. If this southern territory were added on to
Kansas, it would make Nebraska a better State. I think she never can
be organized as she is. Then there is nothing in this objection.

Again, it is urged that this Convention has no authority to alter ihe
boundaries of the Territory. We have but one precedent that I know of.
which would authorize us, and that is the case of Iowa. But Congress, in
the organic act, reserves the power to change and alter the boundaries of
the Territory. This power is clnimed to be like the power in a court of
equity. There must be some person come forward, ask and exhibit reasons
why it should be done, before Congress would exercise this power. Its
exercise upon any other principle, would be wrong. Congress can only
exercise the power, with discretion, upon application of the people; hence
Nebraska comes here and urges the people of Kansas to petition Congress
to do what it should have done in 1854.

Strange as it may be, it seems that every Democrat in tliis Convention
that I am acquainted with, sympathizes in this measure; and why is it?
Because they know it would ]-iromoto the common interest of both sections

218 Convention Proceedings and Debates.

of country. It will not promote their political views, I tell them here to-
day. Is it for the purpose of driving Republicans from the support of
this measure, which I believe the people of Kansas would endorse, if they
had an opportunity? I ask gentlemen here who intend to vote against
petitioning Congress to do what would redound to the prosperity of both
sections of the country to consider — to consider — what they will tell
their constituents when they return home. Will you tell them: "We re-
[*130] *iected a rich inheritance, because we are rich and prosperous
now?" Should there not flow into the Territory of Kansas in 1S60 the
tide of western emigration, the people will feel the burden of taxation ; and
when that time comes, if you tell them, "We refused this rich inheritance
because we were already rich enough," I think it would be a poor excuse
to your constituents. Increasing the Territory would not increase the
taxation of the State of Kansas; but some gentleman has said to me that
the expenditures of government increase in the same ratio with the extent
of boundaries. I think he will find it a difiicult task to maintain this
proposition.

Ha\-ing given some few of the many arguments in favor of the annexa-
tion of Southern Xebra.ska, and answered all the objections against the
measure, I will conclude by urging upon the consideration of this Conven-
tion that if the Kansas Constitutional Convention does all in its power to
extend the boundary hue to the Nebraska river, it will increase the chances
of the admission of Kansas as an independent and sovereign State of this
Union; because it removes the quibbles and opposition which kept her
out of the Union at the last session of Congress. It gives Kansas an addi-
tional population and wealth — which would lighten the burden of taxation.
But again: The lands in Kansas, for many miles back, are settled and
have been purchased of the United States. By annexation you get a fine
agricultural country, which would give you more government lands from
which to select railroad grants. It would give Kansas good agricultural
lands from which she could select her quota of school lands; which, under
and by virtue of the operation of the Act of Concress of the 3d of March,
A. D. 1857, has been purchased under the Act of 4th of Sept., 1841. Again:
Kansas will get 5 per cent, of the trross proceeds of the sale of the public
lands within her borders after admission. Will this be no source of revenue
to Kansas? Why, there are five millions of acres of land in the South
Platte country unsold — good agricultural land. Ten dollars on every one
hundred and sixty acres would amount to five hundred thousand dollars —
to say nothing about school lands and railroad grants — as the benefits
Kansas will derive from that source alone.

Then, gentlemen of the Convention, shall I go back to my constituents
in Southern Nebraska and say to them that the people in Kansas, by
their delegates in Convention, have declined to accept of the rich inherit-
ance you offered them; and that the intelligent gentlemen constituting
the Kansas Constitutional Convention have said that Kansas is as rich
and prosperous as she desires to be? And will you, gentlemen, go back to
your constituents and tell them that you would have taken steps to secure
the rich inheritance that was offered by the people of the South Platte,
but — but — what? Ah! gentlemen, gentlemen, there is no good reason.
Now is the golden opportunity. If neglected by you the weal and good
destiny of the people of Kansas and of South Nebraska are impeded
through all coming time; for each successive year will only demonstrate
the wisdom and policy of the measure. Remember that if you do take
steps to include Southern Nebraska within the boundaries of Kansas, and

Friday, July 15, 1859. 219

succeed, and you should hereafter have cause to regret the step, Kansas
can cede again to the General Government any portion of the country
within her boundaries — but if neglected now, she never can acquire addi-
tional territory and particularly Southern Nebraska, because Nebraska
will take care of herself and form other associations and combinations.

Mr. Chairman and gentlemen, as it is extremely warm — almost im-
possible to speak — I must give way.

Mr. McDowell. I move that the Comnpttee rise.

The motion was agreed to.
[*131] *The committee accordingly arose and reported progress.

PREAMBLE AND BILL OF RIGHTS.

Mr. McDowell. I move we take up the first section of the article on
Preamble and Bill of Rights.

Mr. Thacher. I suggest whether that was not set for Monday morning.

The President. The Secretary informs the Chair it was.

The motion was agreed to and the preamble was read.

Mr. Parks. Mr. President, I can make nothing out of this preamble.
It seems to be not only absurd but untrue. I cannot separate the idea of
"men" and "existence." I object to adopting anything that will read so
absurdly. I move to strike out the words "that existence" and insert
"woman."

Mr. Blunt. I would ask if the whole preamble is under consideration?

The President. The entire preamble is under consideration — the first
section particularly.

Mr. Blunt. I move to strike out the whole Preamble and insert the
following:

PREAMBLE.

"We, the people of Kansas, acknowledging, with grateful hearts, the
goodness of the great Ruler of the universe in affording us an opportunity
of peaceably, without fraud or violence, organising a civil government for
ourselves and our posterity, do ordain and establish this Constitution as the
fundamental law of a free and independent State by the name and style of
the State of Kansas, to be bounded as follows, to-wit:

On motion of Mr. Stinson, the substitute was laid on the table.

Mr. Thacher. Mr. President, I move to strike out the first two para-
graphs, because I believe the assertion of general truth therein contained,
is out of place. I cannot conceive of a gift without a donee and donor:
nor I cannot conceive the idea of a man without existence.

Mr. Wrigley. I move to strike out the word "with" wherever it occurs
in the second paragraph, and ask for the reading of it as it would be with
this amendment.

The Secretary read the paragraph as amended. It is as follows:

"The body politic is formed by a voluntary association of individuals;
it is a conmaunity in covenant, where the whole people treats each citizen
and each citizen treats the whole people, that all shall be governed by active
laws for the common good."

Mr. Thacher. I hope if we do not strike out the first two paragraphs
the amendment will prevail.

Mr. McDowell. Mr. President, I have an amendment to offer to the
one proposed by the gentleman from Douglas, wliich I hope will be read.

220 CoNVEXTiox Proceedings and Debates.

The Secretary read it as follows:

"We the delegates to this Constitutional Convention, grateful to our
constituents for the high honor they have conferred upon us in electing us
to this responsible though not lucrative office, and satisfied that we came
here without fraud or violence, or any species of political sculduggery, and
legislating not only for the millions that come after us, but for ourselves
(desirous of a speedy completion of our labors, as scrip is not received in
Wyandotte City for board) ajid believing, as we do, in the individualism
of'the social forces, and the various and complicated ramifications of the
isothermal line over the beautiful prairies and broad bottoms of this fair
territory, where the wild Indian once roamed and the wolf dug his hole in
the ground— in no complicity with the evil one, and prompted by the
highest impulsions of a perfect political philosophy, do hereby make, ap-
point, constitute, and set up the following Constitution:"
[-132] *]Mr. Stinsox. This preamble, which has been drawn up, not
only by the superior intelligence of the Leavenworth delegation united, but
in concert with some of the other distinguished men of the country, should
have a place in the Constitution. I think it is original ; and that is some-
thing that is not claimed for the one presented by the committee.

Mr. Hutchinson. Mr. President, I was not intending to say a word,
but if I can have the indulgence of the Convention, I have this remark to
make upon the report under consideration. There is nothing claimed by
the Committee on the ground of orisinality. The preamble was copied
almost entirely, word for word, from the Alassachusetts Constitution. In
1853 that State held a convention to revise their Constitut'on. That Con-
vention was composed of three or four hundred members, amons whom
were some of the very best men of the State, such as Rantoul, Cushing,
Sumner, Wilson, Burlingame, and those who have been members of Con-
gress, to the number of ten or fifteen. Chas. Sumner was chairman of the
Committee on Preamble and Bill of Rights. The Convention held a ses-
sion of seventy-two days, and during that time the committee had between
twenty and twentv-five sessions of several hours in length, at which a
great amount of debate was had as to the propriety of preserving their
former Bill of Rishts, which was drafted by John Adams. At the con-
clusion of this series of twentv sessions, it was nearly a unanimous vote in
that committee, of which Charles Sumner was chairman, to adopt the
whole Preamble as made by John Adams, and which is copied nearly word
for word in this report. Gentlemen let it be, as lacking sense or applica-
tion, we don't claim it as original.

Mr. McDowell. Mr. President, I withdraw my substitute.

It was withdrawn accordingly.

Mr. Stinson offered the following preamble as a substitute for the first
Three paragraphs of the preamble as reported, except the boundary
clauses :

"We, the people of the Territory of Kansas, grateful to Almighty God
for the civil and relidous privileges vouchsafed to us, to insure the full
and perfect enjoyment of our rights as American citizens, do hereby ordain
and establish this Constitution of the State of Kansas."

The substitute was adopted.

Mr. Thacher. I move to strike out the word "Territory" in the first
line and insert the word "State."

Mr. Stinson. I will state that that is the usual form in all the Con-
.stitutions I have examined.

Friday, July 15, 1859. 221

Mr. Slough. I suppose it would be in order to move the postponement
of the further consideration of this subject?

The President. It is.

Mr. Slough. I move then that its further consideration be postponed
till Monday next.

Mr. Thacher. I would amend by saying to-morrow.

Mr. Slough. I would suggest the reason 1 before offered. There will
be a number of members absent to-morrow; we will be compelled by the
preamble to fix the boundaries, in which they will take a great interest,
and in courtesy to them I made the motion.

Mr. Thacher. I say this is the heated time of the year, and I protest
against being kept here any longer than is necessary.

Mr. Griffith. If we have other business to go on with, I have no
objection to the postponement. We want to get through here and go
home to attend to home matters.

The President. Are there any committees who will be prepared to
report to-morrow? I think there are one or two other reports not acted
upon.

Mr. J. Blood. I don't know of any other reports. There is one on
schedule, but we disposed of that till IVlonday morning.
[*133] *Mr. Slough. The only question over which there can be any
discussion is the boundary; and if gentlemen will consent to that portion
of the report being postponed, I will modify my motion to that effect.

The President. Does the gentleman from Douglas withdraw his amend-
ment ?

Mr. Thacher. I do not. I protest against being kept here these hot
days.

The yeas and nays were then demanded on this amendment, and being
ordered and taken, resulted — yeas 28, nays 20 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt. Burris, J. Blood, N. C. Blood.
Dutton, Graham, Griffith, Hutchinson, Hanway, Hoffman, Ingalls, King-
man, Lillie, Lamb, Middleton, McCullough, Preston, Ritchie, Ross, Signor,
Stokes, Simpson, Thacher, Townsend, Wrigley, and Williams — 28.

Nays — Messrs. Brown, Barton, Foster, Forman, Greer, Hippie, Hub-
bard, Houston, Moore, McDowell, McCune, McClelland, Palmer, Parks,
Porter, Slough, Stinson, Stiarwalt, J. Wright, and T. S. Wright— 20.

So the amendment to postpone till to-morrow was adopted.

Mr. Graham. I rise for the purpose of moving a reconsideration of
the vote by which the first section of the article on County and Town-
ship organization was adopted.

The President. The gentleman is not in order. The question is on the
postponement of this special order.

Mr. McDowell. I move to further amend by proceeding to examine
the bill of rights now.

The motion was rejected.

The original motion to postpone as amended was adopted; and so the
report was made the special order for to-morrow morning.

county seats and county lines.

Mr. Graham. I now make my motion to reconsider the vote on the
passage of the first section of the report of the Committee on County and
Township organization.

222 Convention Pkoceedings and Debates.

The Prfjsident. The report is in the hands of the Committee on
Phraseology and Arrangement. In order to read it, you will have to
make a motion to recall it.

Mr. Thacher. I make the motion.

A motion to adioiirn was marie; and, upon a division, the Secretary
reported — affirmative 20, negative 20.

The President. The Convention does not adjourn.

Mr. Thacher's motion prevailed, and the report was recalled.

Mr. Graham. I renew my motion to reconsider.

The motion was agreed to and the first section was read.

Mr. Graham moved to amend by adding the following: "but the
Legislature shall not change any county seat without the consent of a
majority of the people of the county."

Mr. Thacher. I suggest to the gentleman to strike out the words

"the Legislature."

Mr. Graham. I accept.

Mr. McClelland. I move to insert "County lines" after the word

"seats."

Mr. Thacher. I move that the amendment of the gentleman from
Leavenworth lie on the table.
The motion was agreed to.
The amendm.ent of Mr. Graham was then adopted.

Mr. Burris. I move to amend by adding the words "shall not change
the boundaries of counties without the consent of the people of a ma-
jority of the counties interested."

Mr. Thacher. I would ask if that amendment has not already been
placed upon the table.

Mr. Wrigley. I think it unfair in the gentleman to avail himself of
the fact that it has already been laid upon the table. I think it would
be but just for us to obtain a fair expression.

The President. In the opinion of the chair the two propositions are
not identical.

A motion was made to lay it on the table; the yeas and nays were
[*134] demanded, and being *ordered and taken resulted — yeas 17, nays
33 — as follows:

Yeas — Messrs. Burnett, Blunt, Brown, J. Blood, N. C. B'ood, Crocker,
Greer, Hutchinson, Hanway, Hoffman, Houston, Lillie, Preston, Stokes,
Thacher, Townsend, and Williams — 17.

Nays — Messrs. Arthur, Barton, Burris, Button, Foster, Forman, Gra-
ham, Griffith, Hippie, Hubbard, Ingalls, Kingman, Lamb, Middleton,
Moore, McDowell, McCune, McClelland, McCullough, Palmer, Parks,
Porter, Ritchie, Ross, Signor, Slough, Stinson, Stiarwalt, Simpson, J.
Wright, Wrigley, and T. S. Wright— 33.

So the amendment was not laid on the table.

Mr. J. Blood. Mr. President, I am opposed to restricting the Legisla-
ture in its action as far as respects lines of counties in that manner. I
think I can imagine an occasion where great injustice can be done to the
minorities of counties under such a provision. I will take one case as an
illustration. The county of Leavenworth extends from the Missouri to the
Kansas river, a distance of over thirty miles. Douglas lies south of Leav-

Friday, July 15, 1859. 223

enworth on the south side of the Kansas river, with its county seat upon
the river. Upon the opposite side of the river there are not settlements at
the present time, but probably will be, and to say that the people residing
in the southern part of Leavenworth county with the county seat of
Douglas county in sight, should not be allowed to have the line changed
without the consent of Leavenworth county, would be doing a great in-
justice to that minority — compelling them to go thirty miles to their
county seat. To insert in the Constitution a clause that would prevent the
Legislature from doing justice, it seems to me would be doing very wrong.
I can see no particular object in it. I don't know what object gentlemen
have for proposing such amendments, and would like to hear.

Mr. Ross. I move to strike out all that relates to county lines.

The President. A proposition of a similar nature was voted down this
morning.

Mr. Kingman. Mr. President, I don't believe we can get it in shape to
vote upon it at all to-night. I move that we adjourn.

The motion was agreed to.

And at 5:30 o'clock the Convention adjourned till 9 o'clock to-morrow
morning.

Lawrence, August 3d, 1S59.
Editor Commercial Gazette:

Dear Sir: In your daily of the 29th July, in the report of the pro-
ceedings of the Convention on the article on education, July 14th, I am
represented as having said, in opposition to the amendment oiTered by
Mr. Stinson of Leavenworth, that there be added to section 2d of that
article the words "but no negro or mulatto pupils shall be admitted to such
schools."

"Mr. Burris. It is an old maxim that beggars should not be choosers.
We are talking about a fund that may be given us by the general govern-
ment. What claim has one class of men to the common benefits of this
country above that of each and all classes? If any gentleman can point out
any view or precedent that can be recognized in law or justice we will yield
the point. We must proceed upon the supposition that the blacks are to
live in common with the whites. It is supposed that they are to mingle
and live together with us. I ask if it is desirable to see that class of citizens
growing up in entire ignorance? If they are to live in the territory they
should be made as intelligent and as moral as education can make them.
With these considerations I am willing to vote."

How your reporter could have attributed the above remarks to me it is
difficult to determine, as the doctrine therein set forth is in direct oppo-
sition to the views which I have always entertained, and always advocated;
and I never did, either in the Convention or out of it, utter a sin^^le sen-
[*135] tence, word or *syllable which could possibly be construed to
favor the doctrine therein contended for. The truth is, that in the debate
on that article of the Constitution on the 14th inst., I took no part what-
ever except to vote, and my vote was in direct opposition to the arguments
whi^^h I am represented as having offered.

By giving the foresroing an insertion in the next issue of your paper
and also in the pamnhlet edition of the debates of the Constitutional Con-
vention you will confer a favor.

Respectfully, John J. Burris.

224 Co.NVKNTioN Pkoceedings and Debates.

Note. — By way of explanation, it should be stated, perhaps, that this
reference is to the proceedings of July 14th — the first day's work of the
assistant reporter, W. H. Drapier, and when he would be most liable to
mistake the names of debatants. It is an error that cannot be corrected
any further. A. E. Drapier, Official Reporter.

Saturday. July 16, 1859.
The Convention met at 9 o'clock.

Prayer by the chaplain.

The President. I am requested by the chairman of the committee on
printing to say that any corrections of the official report of proceedings,
in order to be incorporated in the pamphlet edition, must be made before
ten o'clock; after that time no corrections can be made.

The roll was called, and the secretary reported as not answering to their
names — Messrs. Brown, Hippie, Hubbard, May, Perry, Slough, Stinson and
Simpson.

correction of the journal.

The journal of yesterday was read.

Mr. Foster. ]\Ir. President, in the vote taken on the substitute offered
by the gentleman from Douglas (Mr. Thacher) that none of the pro-
visions of the article on education should be extended to negroes or mu-
lattoes, I am recorded as voting in the affirmative on laying it on the table.
I did not so vote, or was mistaken as to what I was voting on. I desired
to vote for the substitute, and not to table it. The vote does not stand
as I desire it.

I\''^r. Lillie. My motion is reported as being only to strike out the word
"agriculture," when the fact is. mv motion was to strike out the word
■'agriculture" and insert "industrial."

county seats and county lines.

The President. The clerk will make the corrections. The biisiness be-
fore the Convention at the hour of adjournment, was the consideration of
the article on county and township business. An amendment to section
one was pending, proposed by the gentleman from Wabaunsee (Mr.
Ross). The amendment was to strike out all in the section relating to
county lines.

Mr. Lillie. Mr. President, I offer the following substitute for the
amendment :

"Provision shall be made by law for erecting new counties and the
organization thereof, for locating county seats, and for establishing and
changing county lines; provided, that no portion of an organized county
shall be attached to or stricken off from another without the consent of a
majority of the legal voters residing thereon."

Mr. Thacher. I suppose it would rather be a substitute for the whole
section.

Mr. Lillie. I offer it as a substitute for the whole section.

Mr. Griffith. Mr. President, the section is precisely what we want —
no more nor no less. It is all we desire. It is a sufficient protection to
counties that have already established county seats and built their county
buildings, anrl leaves an opportunity for proper clippings. If we pass the

Saturday, July 16, 1859. 225

substitute, it will be impossible to clip the counties. The people of large
counties will never consent to have any portion of their territory 'taken
from them, not even when it is necessary for the convenience of the people
[*136] residing thereon. I suppose *there are cases where persons are
oblised to go twenty miles to their county seat; when, if stricken off, they
might not be compelled to go more than five. If we pass the substitute,
it would be a bar to all clipping, because those principally interested gen-
erally cannot get the vote of a majority. I prefer it as it now stands.

Mr. LiLLiE. If the question be taken upon the article as it stands on
the secretary's desk, I will withdraw my substitute.

Mr. Thacher. I believe the article as read by the clerk — as it now
stands — is just what we all want. I hope the article will be allowed to re-
main as it is.

Mr. BuRRis. Mr. President, T thought of offering a substitute, but I
have an amendment here which will meet the end I desire to reach. The
amendment will be this:

"Nor organize a new county or change the lines of counties already ex-
isting so as to embrace an area of less than four hundred and tliirty-two
square miles."

The President. It is suggested that members having corrections to
make in the official reports will hand them to the messengers or sergeant-
at-arms.

Mr. Blunt. Mr. President, I am satisfied with the section as it now
stands. I think we are manifesting a great want of confidence in our
future legislation [Legislature?]. If we are to carry out all the detai's of
countv matters, we had better abolish our Legislature entirely, and go to
legislating for the interests of the people of the Territory. I think this
matter should be left to the Legislature. Every gentleman who has given
this matter any thought knows it is rather a complicated question, and sur-
rounded by a good many difficulties. I think we should certainly have suffi-
cient confidence in those who are to make our statutes and provide for the
welfare of our future State, to trust this matter in their hands. I shall
vote against this motion, but for the origmal amendment.

Mr. BuRRis. Mr. President, I do not understand that my amendment
proposes to legislate. It is merely a restriction upon the Legislature, just
such as we have incorporated in other articles of the Constitution. My
understanding is, that the design of a Constitution is to establish the
fundamental principles upon which the Legislature of the State is based
and restricted. The substance of my amendment is the same as is that
incorporated in the Constitution of the State of Iowa, with which I am
more familiar than with any other State Constitution. There the Legisla-
ture is prohibited from organizin-r any new counties with an area of less
than eighteen by twenty-four miles; and I will state that I know that
provision has given entire satisfaction to the people of that State. Three-
fourths of the counties in Iowa are twenty-four miles square, and one-
fourth of them are eighteen by twenty-four. There it is di^-ided into
townships, as it is here. The country is very similar to this. The smallest
counties are eighteen by twenty-four miles square, and that is the smallest
that can be made under the Constitution. I think this is a proper restric-
tion; and eighteen by twenty-four is as small as a county ought to be. I
first thought of proposing twenty-four miles square, but sometimes it
would not be so convenient to the people. I think there would be no

15 — 778

226 Convention Proceedings and Debates.

necessity, in any part of the Territory, to organize a county of less area
than four hundred and thirty-two square miles. Inasmuch as it works to
the satisfaction of all in Iowa, I have no doubt but that it would be satis-
factory here. I hope the amendment will be adopted.

Mr. Kingman. Mr. President, I believe the Convention is ready for
the question, but I am not right certain I am. I wish to state that 1 have'
a personal and local interest in this question, and from thAt consideration
I may be driven to wrong conclusions. Last winter we found that we were
likely to acquire a Territory which would change the whole face of our
[^137] county contrary to the wish*es of four-fifths of the residents of the
county; but by sending a special messenger to the Legislature we found
out and headed off the scheme. I propose to offer an amendment to stop
that constant change of county lines and breaking up of county seats. It
is this:

"The Legislature may provide by law for the organization of new
counties, locating county seats, and the changing of county Unes, but shall
not change the county lines or county seats without the consent of a ma-
jority of the people of the county to be affected thereby."

I offer this as a substitute for the entire section.

Mr. Hutchinson. Mr. President, I would enquire whether these same
questions have not been settled once or twice by the Convention?

The President. Very nearly the same have been dis])osed of at previous
sessions. The Chair is not clear of the right to rule the substitute out of
order.

Mr. Blunt. Mr. President, it appears to me the gentleman from Brown
(Mr. Kingman) proposes the same matter we had under discussion yester-
day, and which was voted down as not being the sense of the Convention;
and the same difficulty appears that is found in the first section as re-
ported by the Committee. His proposition is that no county line can be
changed without the consent of a majority of the people in all the counties
interested. There may be, as I have stated, and as is frequentlv the case, a
change of county lines proposed, which would interest four different coun-
ties, and it seems to me if the proposition of the gentleman prevails, that
notwithstanding a majority of three of those counties interested would be
in favor of such change, still they are debarred from making such a
change for the reason that a majority of the fourth county is not in favor
of such a change. It was in view of this difficulty, and of the imprac-
ticability of our fixing th's matter definitely, that I proposed to leave it for
future legislation, by which this matter of the change of county lines
misht be accomplished satisfactorily to the people; and which I believe
can be better done by the Legislature.

Mr. Griffith. I am one of those who believe that the section as re-
ported is all we want. Therefore, in order to test this matter, 1 move to
lay the pending substitute and amendments on the table.

Mr. Kingman. Will the gentleman withdraw his motion for a minute?

Mr. Griffith. I will, sir.

Mr. Kingman. The language of the section was as carefully drawn to
obviate the objections of the gentleman from Anderson (Mr. Blunt) as I
thought it possible for it to be. It is not the people of the county to de-
cide, but a majority of the people of all the counties interested.

Mr. Griffith. There is no county established but that the who'e county
would be affected by cutting off a portion of its territory; and perhaps

Saturday, July 16, 1859. 227

every voter thus cut off would desire to remain. If we leave the matter
with the Legislature, of course these things will enter into the discussion of
the question and the matter can be settled more satisfactorily; and sir, to
test the matter, I renew my motion that the pending amendments and the
substitute be laid on the table.

The yeas and nays were demanded on this motion, and being ordered
and taken, resulted — yeas 19, nays 24 — as follows:

Yeas— Messrs. Burnett, Blunt, Crocker, Button, Graham, Greer, Grif-
fith, Hutchinson, Hoffman, Lillie, Lamb, Middleton, Moore, McCuUough,
Preston, Stokes, Townsend, Thacher and Williams — 19.
[*138] *Nays— Messrs. Arthur, Brown, Barton, Burris, N. C. B'ood,
Foster, Forman, Hanway, Houston, Ingalls, Kingman, M^^Dowell, McCune,
McClelland, Palmer, Parks, Porter, Ritchie, Signor, Stinson, Stiarwalt,
Simpson, J. Wright, Wrigley and T. S. \\^right— 24.
; So the Convention refused to lay the amendments on the table.

Mr. J. Blood. Mr. President, the same question was decided yesterday.
I think every member of the Convention must see that it will prevent the
minorities from, ever obtaining justice. It restricts the Legislature and
deprives them [it?] of the power of ever doing justice to minorities.

■ Mr. Ritchie. It seems to me the same objection may be raised to this
substitute that was urged against the report of the committee — it will
allow three-fourths to rule the one-fourth. It is contended from one quar-
ter that, the counties in this Territory are not laid out on township lines,
and it would be a very great convenience to alter, and have the county
lines laid on township lines, and every county to keep themselves as large
as possible. It is not to be presumed that a county will vote to cut off
any part of itself notwithstanding it may put a large proportion of the
inhabitants proposed to be cut off to a very great in'^onvenience if they
are ob'ieed to remain. The same objection will be raised in my county.
I ^ould have no objection to the amendment offered by the gentleman from
Johnson (Mr. Burris) if county lines were laid out on township tines, but
tlien we would have to go through the Territory, and lay out new counties.
And if we were to do this, I do not believe the counties on an average
would be as low as four hundred and thirty-two square mi'es. And I do
say that the decision ought to be referred to a vote of the people interested,
whomiffht wish to be cut off and added to another county. I don't be'ieve
you can find an instance where a majority in any one county would be will-
ing to let another county take a piece off, notwithstanding it would be a
great convenience to the people residing on it.

The President. The Chair, on referrins; to the amendment offered by
the gentleman from Doniphan (Mr. Wrigley) yesterday, finds that it is
identical with this, and is under the necessity of ruling, that the amend-
ment is not before the Convention.

Mr. Greer. Mr. President, I offer the following: as a substitute for the
whole section. The Convention has already decided to confer the power
upon county boards, and I think it should remain there:

"No new County shall be la'd off hereafter, nor old County reduced to
less contents than four hundred and thirty-two snuare miles; leaving the
power to change County lines and seats with the County boards."

Mr. Graham. I move to lay the amendment on the table.
.;, The motion was agreed to.
v,:Mr;.., Burris. Mr. President, as there have been so many amendments

228 Convention Proceedings and Debates.

and substitutes offered, I think it would be well to have the section and
substitute read. (The secretary read the section and amendments). It
seems to me that is now extending to the Legislature all the power that is
proper to protect the rights and interests of the people. It is saying that
they shall provide for the location of county seats, organization of new
counties and changing county lines, but restricts them so that they shall not
change county seats without a majority of the people are in favor of it; and
that there shall be no new county of a less, area than four hundred and
thirty-two square miles. This is not legislation, as has been intimated. It
is merely restriction; and I cannot see any valid objection to this. I think
that it is no more than we ought to have for the protection of the interests
of all the parts of the Territory.

The substitute was adopted, upon a division — affirmative 24, negative 12.

Mr. Ingalls. I wish to move a reconsideration of the vote by which
[*139] the amendment of *the gentleman from Doniphan (Mr. Wrigley)
was lost yesterday forenoon.

The President. The gentleman is not in order. The question is upon
the adoption of the section as amended.

The section as amended was adopted.

Mr. Ingalls. I now renew my motion, Mr. President, in order to
bring the amendment proposed by the gentleman from Brown (Mr. King-
man) before the Convention.

The President. The motion can hardly be entertained, as the Conven-
tion has substantially rejected the same question in voting for the adoption
of the section. The Chair is unable to determine any manner in which
the question can now be reached. The whole of these reports will again
be in the hands of the Convention, at which time amendments may be
made, by reconsideration.

Mr. Graham. Mr. President, I move that the report as amended be
referred to the committee on Phraseology and Arrangement.

Mr. Hutchinson. I move to strike out the last section. If we cannot
trust the Legislature with it all, we cannot with this.

The President. According to the recollection of the Chair a similar
motion was lost.

Mr. Hutchinson. We may as well provide that business men shall
put out signs in front of their houses.

Mr. Kingman. Another provision was necessary, for in another part
of this Constitution, under the Legislative Department, we have a pro-
vision that officers may be removed by impeachment; and if the gentle-
man will consider, he will see, that justices of the peace, without the ex-
pression contained in this section, can be removed in no other way. They
can be removed in this way for one hundredth part of the expense that
would attend an impeachment.'

Mr. Graham. I move to lay the motion on the table.

This motion was agreed to.

The report of the committee on County and Township Organization was
then ordered to be printed as amended, and referred to the committee on
Phraseology and Arrangement.

preamble and bill of rights.

The President. The Chair will state that the report of the Commit-
tee on Preamble and Bill of Rights was made the special order for to-day.

Saturday, July 16, 1859. 229

Mr. Kingman. I move that we take it up.

The motion was agreed to.

Mr. Kingman. I move that we go into committee of the whole.

The motion was agreed to.

The Convention accordingly resolved itself into a committee of the
whole — Mr. Stinson in the Chair — and proceeded to the consideration of
the report from the committee on Preamble and Bill of Rights.

Mr. Kingman. I move that it be read and considered section by
section.

The Chairman. If no objection be made it will be so read by the Clerk.

The first section was read. (The report is printed in the Proceedings
of Friday, July 15th) .

Mr. Hutchinson. In the twenty-fifth line instead of "parallel" insert
"meridian."

The Chairman. If there is no objection the change will be made.

Mr. McDowell. I would enquire whether the boundaries given here
are the same as those in the organic act?

Mr. Hutchinson. They are the same except the western; which is
so fixed that we are four hundred and seventy-five miles from east to
west. I would also state that there was an effort made to put the western
boundary where the natural boundary is. After diUgent enquiry, it was
ascertained that the one hundredth meridian west would be in a country
which is at present being settled; the one hundred and first will probably
be settled, but at the one hundred and second, or twenty-five degrees west
[*140] from boundary, it was believed was placed upon a natural san-dy
divide, where no part of the population would be ciit off that wanted to be
with us. There was another objection to placing it upon the meridian given
in our organic act. By going one degree further we strike the boundary
of New Mexico. By this division it leaves a niche of sixty-seven miles be-
tween the western boundary of Kansas and the eastern boundary of New
Mexico. The proposed State of Jefferson proposes to take some from New
Mex-ico, some from Nebraska, and probably some from us: certainly there
is no argument bearing against this. It is believed this is the true
boundary.

Mr. McDowell. Mr. Chairman, I offer as an amendment to that part
of the preamble just read, the following additional fines:

"Provided, however, that if the people of Southern Nebraska, embraced
between Platte River and the Northern boundary of Kansas, as established
by Congress, agree to the same, a vote is to be taken by them, both upon the
question of boundary and upon this Constitution, at the time this Consti-
tution is submitted to the people of Kansas, and provided Congress agree
to the same, the boundaries of the State of Kansas shall be as follows:
Beginning at a point on the western boundary of the State of Missouri
where the thirty-seventh parallel of North latitude cro.sses the same;
thence west with said parallel to the twenty-fourth meridian of longitude
west from Washington; thence north with said meridian to the middle of
the South Fork of the Platte river; thence following the main channel of
said river to the middle of the Missouri River; thence with the middle of
the Missouri river to the mouth of the Kiinsas River; thence south on the
western boundary line of the State of Missouri to the place of beginning."

Mr. Graham. I move to lav it on the table.

230 Convention Proceedings and Debates.

Mr. Prest. Winchell. Mr. Chairman, I trust no such motion will be
made. The subject is one which has elicited a great deal of attention, and
some feehng, and it is proper that some opportunity be offered for its dis-
cussion.

Mr. Graham withdrew his motion.

Mr. Greer. Mr. Chairman, I move to di\ade the question so as to take
the question first on the western boundary. I desire to keep the western
and northern boundary questions separate.

Mr. President Winchell. All questions are susceptible of division,
except to strike out and insert.

The Chairman. The Chair will rule that the motion is in order.

The motion was agreed to and the division ordered.

President Winchell. Mr. Chairman, if the gentleman will withdraw
his proposition it would come in more appropriately after the western
boundary question is settled.

Mr. McDow^ELL. I will withdraw it for the present.

Mr. Burris moved to strike out the words "twenty-fifth parallel" and
insert in lieu thereof the words "twenty-third meridian."

Mr. Wrigley. Instead of "twenty-fifth parallel" read "twenty-fourth
meridian."

Mr. J. Blood. Mr. Chairman, I do not regard the difference of one
meridian as of very great importance. I am not very particular about
the western boundary being at the twenty-fourth or twenty-fifth meridian.
I would prefer the twenty-fifth, and if gentlemen will make a calculation
they will find that it is not extending our State unreasonably in that direc-
tion— about four hundred miles. 1 never examined the question much
until this morning. The country out there will not be settled for a long
time, and is not of much particular value. I think the proposition sub-
mitted by the Committee, is a fair one.

Mr. Griffith. 1 would enquire whether any gentleman here can tell
what the exact length of a degree of longitude is in this parallel?

Voices. "Fifty-six." "Fifty-five."
[*141] Mr. Griffith. I believe it is fifty-six, and *that would give us
an extent of territory of about four hundred and ten miles. Put it on the
twenty-fourth and we would have about three hundred and fifty miles in
round numbers. This, I presume, will be the natural divide. I would be
in favor of the twenty-fourth rather than the twenty-fifth, and I am not
certain that I should be opposed to putting it at the twenty-third.

Mr. Thacher. I understand that a large portion of this western region,
from the 23rd or 24th, is a m'seraWe, uninhabited. reo-ion. The only ques-
tion is whether we shall inchide within our boimdaries a tract of country
that is not valuable to us, and confer upon it the benefits of government at
our expense. I think either degree will probably be satisfactory to the
people generally. I am opposed to going farther than the 25th. A com-
pact territory of good arable land is better than to be extended over a
wild region. Those of us who have read Horace Greeley's letters from
that region, and conversed with gentlemen who have been there, are of the
opinion that that portion of the territory is not at all inviting.

Mr. Burris. Mr. Chairman, in moving to amend by making the west-
ern boundary the 23d instead of the 25th meridian, I did so for different
reasons. I thought, in the first place, that would give us sufficient area,

Saturday, July 16, 1859. 231

as I understood from the Chairman of the Connnittee that would make
Kansas about 475 miles in width.

Mr. Hutchinson. I was not correct in that estimate — 415 is nearer
to the 24th degree.

Mr. BuRRis. By reducing it to the 23d, we would make it someth'ng
more than 300 miles from east to west, and 210, north and south. That
would be a large State — sufficiently larse — and in addition to that it
would then be nearly all arable land, all capable of sustaining a dense pop-
ulation— an excellent agricultural State. Another reason which presents
itself to my mind in favor of limiting to the 23d meridian is this: there is
to be a State formed out of the western portion of the Territory of Kansas,
to which there will perhaps be added a portion taken from the north-
eastern corner of New Mexico. If that is the case the summit of the Rocky
Mountains will be the western boundary of that State; and the western
boundary of the State of Kansas would be their eastern boundary. It
seems to me the 23d meridian would be just about right. Taking a suffi-
cient slice out of New Mexico to square the Territory of Kansas, and then
dividing it North and South upon the 23d meridian; cut that in two in
the centre; take the eastern, and leave the western for the prospective
State of Jefferson; and we would still be longer east and west than north
and south; leaving Jefferson about the same size and exactly the same
shape. This would leave our territory all good; with no land of any con-
sequence but that would be susceptible of cultivation, and capable of sus-
taining a dense population. Taking our own interests into consideration,
and inridentally the interests of the proposed new State, I would prefer
the 23d to the 24th meridian; but I am opposed to going farther west than
the 26th.

Mr. Wrigley. Having made a more particular examination of the
map, and not feeling any special interest in fixing the boundary on the
.24th meridian, I will withdraw the amendment 1 offered.

Mr. Hutchinson. Mr. Chairman, I have been listening with great
attention to find out some reason for any amendment to the boundary
proposed by the Committee, and thus far have been unable to find any
for putting our boundary further east than the 25th meridian. It would
certainly be the choice of every member of the Committee to place it
where it should be to accommodate the settlers. It is simply a question
of fact as to how far west this section of country can be inhabited — how
far there is timber, water and grass. It is evident that if we place it at
the 23d or 24th meridian, that we shall cut off a population that will be
greatly discommoded at some future day to travel to meet settlements
[*142] near the Rocky Mountains. *That should be the governing in-
fluence in the direction of our votes. We are expecting a grant of land
from Congress. That will call for alternate sections, in all probability;
so the further westward our boundary shall go the greater the number of
acres of land we shall get. If it is uninhabited entirely, it will never be
worth a dollar, we have nothing to pay on it — we have neither to pay
taxes on it nor build fences around it. There is no loss, and I think there
is no gain.

Mr. Houston. Mr. Chairman, I desire to offer an amendment. Strike
out after the word "westward" where it first occurs, and have it read:
"First — Commencing on the Missouri State line, at some point south of
the fourth standard parallel line, and traversing southern Kansas west-
wardly. Second — Commencing at some point on the Missouri river, or

232 Convention Proceedings and Debates.

Missouri State line, and traversing central Kansas westwardly. Third —
Commencing at some point on the Missouri river and traversing northern
Kansas westwardly. Fourth — Commencing at some point on the Missouri
river, and running southerly in the direction of the Gulf of Mexico. Pro-
vided, That should the alternate sections along the lines of said railroads
be disposed of, an equal number of sections shall be selected from any
other public lands contiguous to said railroads — snid lands to be reserved
and conveyed to the State for the purpose of aiding in the construction
of said railroads under such rules and restrictions as may hereafter be
prescribed by law."

I propose to sustain that amendment. I am aware that I shall prob-
ably be largely in the minority here, but it seems to me there are
some considerations to which we should at least give a little attention.
If the subject has no merit at all, of course it is not entitled to any atten-
tion; but it does seem to me there are arguments in favor of extending
our boundary westward; and I should be recreant to my duty were I
not to present these arguments. I shall be as brief as I can. I have
learned, for the first time, and with astonishment, of a case where a con-
vention has assembled, or whenever there has been a move made by the
people in defining their boundaries, they were benevolent enough to give
away one-half their territory! We are so kind to others that we are
\\aUing to give away one-half of our territory; and it is the first circum-
stance of the kind I know anything about. Were we to do it as indi-
viduals— were we to give away one-half our fortunes — we would be charged
with insanity. In doing this thing, we should have good reasons for doing
it. We shall place ourselves upon the record, and will have to settle with
the people for this extensive liberality.

Mr. J. Blood. (Interrupting). How long have we owned this fortune
that is proposed to be given away?

Mr. Houston. I understand that in the act organizing the Territories
of Kansas and Nebraska, Congress indicated certain lines for our bound-
aries, and the Unes for Kansas are precisely the lines I have presented in
my amendment. These lines have been sustained by two former Con-
ventions in this Territory ; but it seems to me we come almost unanimously
to conclude we will divide this Territory. We don't own a foot of soil
only as we get our title from government. I believe Congress is willing
to grant anything that is sensible and right, and were we to extend our
boundaries to the summit of the Rocky Mountains, it would never in-
terfere. I pledge my word and position for that. Such a thing has not
been done in other States, and why should it be done here? I think we
have some claims upon this territory: at least if we give it up Congress
will not give it back to us. It is as much given away, as if it actually be-
lon'^ed now. It may not be a sufficient argument to say we are liberal.
While Congress is discussing the question of a Pacific Railroad, I think
there is a question, the consideration of which ought to present itself to
[*143] the mind of every man, and that is, whether it is not prop*er
to take advantage of our position. If we can get the boundary desig-
nated by Congress in the Kansas-Nebraska bill, and get a road to the
mountains, I ask if it is not a question of some magnitude whether Kansas
shall not have the grand Pacific Railroad of the country. I tell you there
is more in getting the line from the Missouri river to the Rocky Moun-
tains than many men think. Suppose you go on and adopt the 25th
meridian, you leave Kansas some three hundred miles from the moun-
tains. It might do,— but is it wise? I'd rather have it go to those regions

Saturday, July 16, 1859. 233

of gold. I am a believer in the theory that there is gold there in abundance.
Now is the time to concentrate our energies and secure this one grand
object in advance, and then those other objects will follow. Kansas is
removed from the seaboard, and while the seaboard States may have
been formed arbitrarily, Kansas must make her boundaries by a line of
policy. Secure this grand Pacific thoroughfare and you can make north,
south, east and west tributary to you. Shall we curtail our boundaries,
and lose four or five hundred miles of this road? Suppose there is no
gold in the mountains, if we get the railroad that will be sufficient. For
one, I feel like taking advantage of my position. I am unwilling to yield
up any portion of this territory. We are told this territory is too exten-
sive. Figures are better than surmises. California has 188,982 square
miles; Oregon 170,230 square miles. Oridnally Oregon contained 360,-

000 square miles and a little over; the State occupies more than half that;
but divide by two and that gives you 170,000. Texas has 325,000 square
miVs; and can you divide Texas to-day? No, sir, the slave power is
unable to do it. You can no more do it than you can divide a bag of
beans. Minnesota has 140,000 square miles. The Territory of Kansas, it
is computed, contains only 112,000 square miles, and we propose to give
one-half of it away. If it were 200,000 square miles I should still insist
upon it. I came to Kansas to make a home, and I want a home worthy of
the name. I am not afraid of the State being too large; I go in for large
arrangements. We have almost one-third of this territory alreadj' covered
with Indian reservations. There is a vast amount of Indian territory
here, some of which we will get control of and some we will never ret con-
trol of. You ask Congress to give you a title grant of land! Why ask
Congress? If you want liberal things you must act as though you wanted
them. If you want to do something that is grand and magnificent, then
take in a corresponding area, and show that you understand your posi-
tion— that you intend to make a great State and want a magnificent grant
of land. If you go to Congress and ask for a small State, they will give
you a small grant of land. Minnesota and larger States have more land
than smaller ones.

Mr. Thacher. (Interrupting). I understand the western boundary
the gentleman proposes is the summit of the Rocky Mountains.

Mr. Houston. Yes sir, I want to go just as far as I can go. A vast
portion of this territory is prairie country, and won't be settled for some
time. If you want to settle it you must give value to it by obtaining good
grants of land, and making inducements for men to get timber. You must
go to the mountains and get pine, with which to fence and build on vour
beautiful prairies; but if you give away your prairies, and give those
thoroughfares, into the control of other people (who 1 trust will be wiser
than we in this matter), how are you going to accomplish this? I believe
what I propose is for the best interests of the whole Territory of Kansas.

1 happen to belong to that class of men who don't feel much confidence in
that thing called humanity. I once thought, when a boy, that brothers
and friends could not be brought in deadly strife. The thought of such a
thing I could not indulge, even for a moment. Experience has taudit me
the uncertainty of human affairs, and of this thing called humanity. I
do not know but the day is coming — indeed I might say I beheve that the
[*144] day is coming when, we *will need no slight defenses round about
\js; (God grant we may never see it) ; but then we will need no small
amount of territory as our home. This nation will be wrapt in fearful
conflict. I speak of its position in reference to collisions of State with

234 Convention Proceedings and Debates.

State. God grant I may never see that hour, but that hour will come, I
fear. What kind of a State would we like to have in that hour? A httle
State? — limited boundaries? Sir, I would like to make a magjiificent
home, and leave my family in good moral and political circumstances.
For this reason I am unwilling to leave them in a small State. We may
need territory in the hour of danger. Whenever that hour comes the
little States will be dependent upon the larger ones. It seems to me we
are the last State in the Union that ought to think of curtailing a single
foot of territory. I would rather add on, \mtil I could control the des-
tinies of the nation, in a great degree. I would add until I brought to this
frontier the capital of the whole empire. There is a magnificent idea con-
nected with this subject; but I have already spoken too long. If you inm
the boundary up the Platte and extend it to the Rocky Mountains, will
Congress dare to attempt to add a portion of our territory south? Will
a Republican House of Representatives vote to take a portion of this
country and give it to the South, without the consent of the people? Will
the Douglas party in Congress do it? If it were to do such a thing, it
would be the perfect annihilation of that party. There is no such fear;
for the Democratic party dare not do it; never — no, never. The question
is settled; we have the field before us; and now it remains for us to choose
and prepare for the future glory of the State.

The Chairman. Does the fifteen minute rule of the Convention apply
to the committee of the whole ?

]\Ir. President Winchell. Ever^^thing does that can, in the nature of
things.

Mr. Griffith. Mr. Chairman, I presume we shall divide upon two
lines — the 23d and the 26Th meridian; and in order to bring the Conven-
tion to a direct vote, I offer a substitute.

The Chairman. It is hardly in order; there are now two amendments
before the Convention.

Mr. President Winchell. Mr. Chairman, I question whether that
can be in order. If we had the entire section under debate, a substitute
for the entire section might be in order. It seems to me that it is out of
order.

The Chairman. The chair will rule the amendment out of order, then.

Mr. McDowell. Mr. Chairman, I did not intend, sir, as it is an rm-
comfortable state of atmosphere in this hall, to say anything; but as a
vote is about to be taken upon a very important question, I propose to
submit briefly my views upon th-s question and upon the amendment pro-
posed by the gentleman from Riley (Mr. Houston). I shall not hmit
myself to the single question embraced in the amendment, but shall make
some observations upon the general question before the committee of the
whole. I regard this question of boundary of as much importance, per-
haps more, than any one that will come before us for our deliberation, and
I desire to look at the question devoid, if possible, of any local feeling or
political prejudice, and to view it, as it seems to me this question ought to
be viewed, with all the enlarged patriotism and statesmanship that I can
command. And I desire every gentleman in the hall shall do the same. I
make no great claims, but in so far as I am able I propose to have these
considerations operate upon me in the vote I am about to give. I have
said that no question, perhaps, is as important as this. As far as the ques-
tion of western boundary is concerned, I do not agree with my friend from
Riley. Between the meridian that is proposed by the committee on the

Saturday, July 16, 1859. 235

Preamble and Bill of Rishts and the meridian proposed by the gentleman
[*145] from Johnson (Mr. Burris) and the *one suggested by the gentle-
man from Riley — between the latter and the former there is a large tract
of sterile land. The latter proposition would be giving us an extent of
western boundary that is not desirable on that ground. The only wealth
embraced in the territory included in the boundary suggested by the
gentleman from Riley, is mineral wealth. Whilst I believe with him that
there is gold there in abundance, and I believe that contributions from
these mines will greatly increase our physical prosperity, I do not feel that
it is necessary to have that district embraced within our western boundary
in order to secure that result. It will inevitably flow to us. An objection
to incorporating this part of the Territory is to be found in the character
of the population that will occupy that region — their difference of pur-
suits presenting a people not homogeneous, whose wants will be different
and very little in common with ours. I do not, for one, propose to em-
brace that population within our boundaries. Inasmuch, as it has been
indicated that there will be a new Territory established in that redon — a
proposition emanating from those people who desire it, and received favor-
ably at Washington — I think it a proposition which will be carried out,
whether we incorporate that district in our western boundary or not. The
western boundary proposed by the gentleman from Riley, embraces a
sterile country that never can be brought into a condition of agricultural
or physical wealth, or of much importance to this people, and it makes our
western boundary too far west. It gives us too many miles to travel over,
and would make" it inconvenient for a State government to operate upon
such an extent of country. Their population, in the new Territory, will
be soon perhaps superior to ours in point of numbers. 1 believe there will
be a mining population of a hundred thousand people in a very brief
period, chiefly voters. That people, if embraced in our State limits, with-
out contributing especially to the support of the State government, would
be able to control the operations of the State government, and therefore I
am opposed to embracing them within our State limits.

In the question of our northern boundary, I feel a deep interest, and
if I have known my own heart, I have waived every particle of political
prejudice and partisan proclivity. As the question presents itself to me,
as one of the framers of the organic law of this Territory, it is one that
is to control for years the destinies of this Territory. Looking at it in
that lisht, I feelthat it does devolve upon this people to receive that
magnificent strip of country lying between the southern boundary of
Nebraska and the Platte river. I think, sir, that we ought to receive it
because it presents a natural northern boundary, fixed by the Great Archi-
tect of the Universe; and inasmuch as it is the natural boundary, I think
that is the best reason for adopting it. I think we ought to embrace it,
because thereby we will have a population rich in its intelligence, in its
energy, and in its pecuniary resources — a population that will work with
us in developing the resources of this State. Thus situated, we are in the
geographical centre of this country, which is to be second to none in its
agricultural wealth, its beauty, its richness of soil, and in the diversified
character of its productions. We should not then, when this question does
present itself, ignore or disregard it, because there may be some local
prejudice or some political feeling leading us that way. If we reject it
we m.ay never have an opportunity to pass upon that question again. It
seems to me to be most extraordinary, sir, for the representatives of the
people here, who should be desirous of framing a magnificent Constitution

236 CoNN^NTiON Proceedings and Debates.

for a magnificent State, to hesitate to receive, when it is tendered to them
— 2;enerousIy tendered — such a magnificent strip of territory, poniilated,
[*146] culti*vated, and at once contributing towards sustaining the
burdens of government, and towards everything that is calculated to make
this a great and glorious State. What objection, sir, can there be in re-
ceiving this gift that is tendered to us? What sound objection? Are the
people who inhabit it different from the people of other parts of the Ter-
ritory? are they not a homogeneous people? and are not our pursuits
similar? Can this State of Kansas ever assume any other character than
that of an agricultural State? And if it is intended that it must assume
that character, why should we object to receiving a strip of country as
rich, if not richer than any we have, populated by a people as industrious
as any we are likely to have, and who ask at our hands that they may
be embraced in the organic law we are assembled to frame? I can con-
ceive no objection. If we refuse to receive this territory, because the
capital may not be located here, or some politician may not be enabled
to achieve his schemes of ambition, the people will hold us to account for
it. There can be no excuse of this character presented to this people;
they will not exonerate any man who shall be influenced to vote upon this
question, by such flimsy, weak, local considerations. You all recollect,
gentlemen, that when the general government first proposed to annex to
the United States a strip of territory — the Louisiana purchase — there was
a party in the country that opposed it. It was urged, that while the
territory itself might be rich, and contribute to the wealth of the govern-
ment, that yet it was contrary to the spirit and letter of the Constitution
of the country. That argument was urged; but notwithstanding that, Mr.
Jefferson, who then controlled the administration, seeing the natural ne-
cessities that presented themselves, seeing connected with the acres of the
northwest this magnificent contribution to commerce, and that there was
a vast thoroughfare leading to the gulf, and part of that was then within
the power of a foreign government, — thus placing us in their power to a
certain extent, he, disregarding the cry of anti-constitution, carried out the
measure; and there has not been found a single American citizen who
has not claimed that Jefferson did not do precisely what he ought to
have done. That country, so annexed, did contribute more than any other
to swell the prosperity of our government. So, in a narrower circle of
vision, there is presented to us a portion of territory contiguous to us —
like our own — with a population similar; but we are not called upon to
l)urrhase it, to violate any Constitutional provision, nor by its annexation
to disregard the feelings of any portion of that people; and yet, forsooth,
gentlemen propose to refuse it, because the balance of power — political
power — may be disturbed. If gentlemen cannot get better arguments than
this, I trust they will not have the hardihood to utter them upon this
floor. We should not view this question as politicians — we should view
it as representatives of the people, assembled here to do that which may
redound to their greatest good; and it does seem to me no gentleman on this
floor can shut his eyes to the possible value of this proposed annexation.
I feel that it is not necessar>' for me to go over the special arguments
presented in favor of this proposition by those learned gentlemen from
Nebraska, and enter into the details of this scheme. I shall not make an
argument to delegates on account of this. I will simply present the general
question, and I ask that this tender, generously offered to us, may not be
refused.

Mr. President Winchelt-. (Interrupting). Mr. Chairman, I desire
to know whether we are to chscuss the northern or western boundary.

Saturday, July 16, 1859. 237

Mr. McDowell. I stated that I did not propose to confine myself
to either of the propositions. I believe, sir, that you may discuss, in
committee of the whole, anything germane to the matter under discussion;
and I simply assumed to myself that right.

[*147] Mr. PREsmENT Winchell. The gentleman *would be correct
had not the Convention decided to divide the question. A motion was
made and prevailed, that the question should be divided — that the western
boundary should be considered separately from the northern.

Mr. McDowell. Mr. Chairman, the gentleman has not stated the
question fairly. The proposition of the gentleman from Shawnee (Mr.
Greer) was, to divide the question, and act upon the western boundary
first. I discussed first the western boundary question, and then, as an in-
ducement to fix the western boundary line where I thought it ought to be.
I added, that the northern boundary should be enlarged. I do not think
by the terms of any parliamentary school the motion of the gentleman
from Shawnee embraces a limitation of debate.

The Chairman. The Chair would rule that both gentlemen are out
of order.

Mr. President Winchell. I object to the ruling of the Chair very
decidedly. When a gentleman is disposed to rise to a question of order, it
is a question of privilege; there is no question as to whether the gentleman
is not permitted to have a distinct understanding of what is or is not be-
fore the Convention.

Mr. Thacher. If the debate is confined to the western boundary-, I
have nothing to say; if not, I might say as much as I intend to now.

The Chairman. The Chair is now disposed to give the largest liberty.

Mr. Thacher. Mr. Chairman, the point legitimately before us is the
western boundary, and on that question I imagine we are nearly unani-
mous. I do not propose to discuss the western boundary. The question
which has just engaged the attention of the Convention, and which has ex-
cited already considerable debate, is one which I also admit has some mag-
nitude and importance; although I am verj* far from ascribing to it the
magnitude ascribed by the gentleman who advocated it, undoubtedly
under an impression of my mental perception of its importance. Sir, we
listened yesterday to two learned and earnest gentlemen, and to-day to
one, urging upon this Convention the adoption of the north Platte River
as the northern boundary of the proposed State of Kansas. Chief among
their arguments was one meeting an objection which they supposed would
be raised in consequence of the political character of the country proposed
to be anne.xed; and we have been invoked by all the powers of logic and
rhetoric, to ignore the political aspect of this case — to lay aside whatever
feehngs might arise politically, and look at the question dispassionately.
Now, sir, I say they urge an impo.ssibility. Had these gentlemen from
Southern Nebraska seen the sky lurid with the flames of their burning
homes, the soil of these beautiful prairies crimson with the blood of their
brothers and fathers, or their wives and children flying over the land for a
place of refuge from crime and outrage; had they also known, as we know,
that that crime and outrage was committed by the party which is sub-
stantially in the ascendency in this portion of the country proposed to be
annexed, they would not think of making such an appeal to us. The
people of Kansas have suffered unutterable horrors from the Democratic
party, and they have just emerged into the light of liberty; they have
broken the yoke, and severed the chain, and now you ask them to place

238 Convention Proceedings and Debates.

upon their neck that yoke once more. But that can never be done. Never,
never, never. If there was no other consideration but that this annexation
would make Kansas Democratic, I should oppose it. Sir, before I would
again see the people of Kansas brought beneath the heel of that oppression,
I would oppose it till I sank into this floor. It is sufficient for me, and I
believe it is sufficient for every Republican in Kansas to be satisfied upon
one point, and that is: it would once more subject us to the unbearable
oppression of the Democratic party. Gentlemen must remember that
this is the first time in the history of Kansas, that Southern Kansas
[*148] *has been represented in any deliberative body. Think you, sir,
that the people who have just escaped from a prison-house that has kept
them so long, can desire to re-enter the clammy dungeon? Ask the
apprentice who has been driven by the lash of his taskmaster till his ma-
jority, to turn back five years of his life! You might just as well ask the
people of Kansas to go back and place themselves beneath the rule of
that power which has oppressed them. We have seen enough to indicate
to us that the heart of that party is the same now that it ever has been;
the same hatred of freedom and free institutions; the same desire to crush
the weak, and to heap contumely and disgrace upon the poor and humble.
When you ask us to lay aside this feeling, you ask an impossibility; and
not till the days of the millenium, or till when all things past shall be for-
gotten, can you expect the people of Kansas to forget the past. Strange
as it may appear, the Republicans of Kansas stand as a unit to oppose
this measure; and I am frank to say it is because of the treatment we have
received from this Democratic party — and there is no use to blink it.

If, as it is asserted, it is geographically necessary that that portion of
country should be annexed to us, I venture to soy it vn\\ come in at the
right time. Missouri existed as a State a long tinie before the Platte Pur-
chase was added. It was fifteen years after the State of Missouri was
organized. It will gravitate as much two or three years from now as it
does to-day. Sir, there are but four counties on the River that have a
population of any amount. The country back, which is described as a
beautiful agricultural district, with t'mber, and prairies, and rocks and
springs, — as a very Canaan flowing with milk and honey — is an unsettled
country; and it will be t'me enough when it shall be settled for us to throw
the arm of our protection over it. The Platte River annexation will be
neither more nor less difficult then than it is to-day. So the ar'jrument
growing out of anything of that kind falls to the ground. The people of
Southern Kansas who are so opposed to this proposition — still smarting
from the woimds growing out of the oppression which they have so long
suffered in consequence of a despotic rule — are led to suspect this whole
thing. You recollect in your classical readings, when the wooden horse
was presented to the citizens of Troy (in which a band was secreted
wherebv the city was entered and captured), their commander said,
when the Tro'ans offered the gift: "I fear the Greeks when they bring
hither their gifts." And so say the people of Kansas, when the Democratic
party offer to give away a portion of their Territory as a gift. We fear
that there is a dagger beneath it. (Mr. Graham — That's so!) Sir, if
you admit Southern Nebraska, what do you do? You place the entire
portion of Southern Kansas, almost to a man, in opposition to your Con-
stitution; and you can submit no proposition of the kind to them but what
they wi'l vote it down, and your Constitution with it, and our labors
here will go for naught. These are the political considerations that enter
into this case: and 1 leave for gentlemen from Southern Kansas on this

Saturday, July 16, 1S59. 239

floor to present the local considerations which impel them to resist the pro-
posed annexation of Southern Nebraska at this time.

Mr. Taylor. Mr. Chairman, by the courtesy of the Convention I be-
heve I am entitled to speak u])on this question. Having just heard an
argument which I could appreciate if it were predicated upon a correct
hypothes's, and which would make me too go against the annexation of
that territory, if it were true, and knowing as I do that the argument is
false, that the points taken are untrue, I propose to illustrate this political
question now. The gentleman seems to oppose the annexation of southern
Nebraska because it is a gift offered by the Democratic party. Is that
true, gentlemen of the Convention! Did not one of your own distiniuished
representatives in the Council of your Territorial Legislature, a member
[*149] of the Republican party in respectable standing, two years "^ago
present to that body a memorial for the accomplishment of the very
thing which the people of southern Nebraska come here and ask the
people of Kansas to co-operate with them in doing? Did not that gentle-
man succeed, by virtue of Republican votes in the Kansas Legislature, in
earr^-ing it through, asking by that memorial that Congress should make
the Platte river the northern boundary of Kan.sas, and which was then
asserted by a Republican Legislature, as the natural northern boundary
of Kansas? I think the record answers us. I am in favor of the annexa-
tion of that portion of Nebraska to Kansas, and if there is a man on earth'
who can testify that I have ever gone for anv proposition, since the first
hour of Pierce's administration, that the Democratic party were not
opposed to as a partv measure, then gentlemen may set me down as un-
worthy of their confidence. I have been told, time and asjain, that this
people emisrated from the same States with the people of Kansas. I have
been told that the northern line of th^s Territory was made south of the
hne between Missouri and Iowa for the pTirpose of making a slave State
of it; and when its people had to resort to force to prevent Kansas being
poisoned by the breath of African slavery, they could receive no aid from
any source except southern Iowa and southern Nebraska — the very country
we now propose to give Kansas. General Lane came through there with
men, and stopped at our town, and erected a fort which stands there to-
day. He received the symnathv of the people, and of many citizens of
southern Nebraska; who all said, "Amen to the declaration that Kansas
ought to be, and must be a free State ! "

We tell gentlemen that the political contest of 1S5S demonstrated that
there was a majority of the settlers of that country opposed to the De-
mocracy. Their regular nominees were defeated in every county, and the-
result was the last lower House of the Nebraska Legislature was Republi-
can. We tell them all this and they say, the srift is like the wooden horse
of Trov! Sir, I have affidavits, and I only had two hours to pror-ure them
in— which are a sufficient answer to the argument, that this is a Democratic
trick. Two hours before leaving Nebraska City, I came into possession of
a Leavenworth Weekly Times. In that paper there was an editorial con-
taining an inuendo, that the people of Kansas believed it was a settled
policy of the Democratic party to make Kansas a slave Slate, and to sup-
port, the belief, extracts were quoted from a Nebraska gazette sayins that
John Calhoun, of Kansas candle-box notoriety, had ori^'inated and sup-
ported it. Sir, there is not a word of truth in it. I immediately prn-^eeded
from place to place, taking the affidavits of any [every?] one I could come
across. Then the boat was at the landing — The facts are: Calhoun opposed
this measure bitterly. They [he?] came in and attempted to break up our

240 Convention Proceedings and Debates.

union meetings by denouncing us as Republicans. These are the facts, and
I hope gentlemen will not dodge this question by making reasons hke this.
I stood up there before the people, and when these men ursed as an ob-
jection to annexation that the people of Kansas were a blood-thirsty people
— these were the arguments Calhoun urged before the peaceable and peace-
loving people of southern Nebraska — 1 replied to them, that the brightest
page in the history of Kansas was that which told of her wrongs and the
manly manner in which she beat back the administration. The people re-
plied to this argument with shouts of applause, and decided unanimously,
at every meeting, in favor of annexation. And yet we are told this is a
Democratic gift! The question there was not made a party question. The
people who are interested in this measure are for it without distinction of
party. But this man, Calhoun, and other Democrats in Nebraska, would
exhibit paroxysms at the very name of annexation, as wild as mad dogs
would at the sight of water. They denounced it as a black Republican
measure. You may examine the result of the election in 1858, and there
[*150] can be no mistake about *the poUtical sentiment there. This
argument melts away under the touchstone of reason, like frost in the
morning's sun. It is a mere quibble to answer some other purpose. Sir,
there is nothing in this argument.

Some gentlemen seem to think that this measure can be accomplished
hereafter; that you can treat the people of southern Nebraska, who are
over fifteen or twenty thousand souls, with neglect, without exciting any
feeling that will affect this question. Sir, I believe the people of southern
Nebraska are co-operating with the Republican sentiment of the people of
Kansas, in the same spirit in which your Legislature memorialized Con-
gress. Treat these people with contumely and disrespect now, and when
the necessity of this measure shall be pressed home upon you and every
citizen of Kansas, try to turn round and retrace the steps and do what
ought to be done now! Let me say to gentlemen, a vast majority of
these people desire to come into the State government of Kansas, but if
you neglect the golden opportunity offered to you now, you will never
find it again.

I ask gentlemen to consider this: where in the history of this govern-
ment will you find a single case of a State or Territory acquiring national
domain, inhabited by American freemen, upon such terms — the simple ac-
ceptance of it? There is not a solitary instance. You will find that they
always have to contend for every inch of ground. Look at the history of
every nation, and you cannot find a parallel. Let Kansas become a State,
and the day will be passed when she can extend her boundaries north or
south. Unless you accept this boon, the people of Kansas will be com-
pelled to say that the Kansas Constitutional Conventions did not do all in
their power to promote the interests of the future State of Kansas. I
explained yesterday that you had no power to extend your jurisdiction
arbitrarily over us; Congress reserves and exercises that power only in
pursuance of the wish of the people interested. All you can do is to me-
morialize Congress, or insert the boundary in your Constitution. But if
you are afraid that would jeopardize your admission into the Union, simply
memorialize Congress, and you will have done all that people call upon
you to do.

Mr. BuRRis. Mr. Chairman, I move that the committee rise, report
progress and ask leave to sit again.

The motion was agreed to.

Saturday, July 16, 1S59. 241

The committee accordingly rose, the Chairman reported and the leave
was granted accordingly.

HOUR OF MEETING CHANGED TO 8 o'CLOCK, A. M.

Mr. Kingman. Mr. President, I have a resolution to offer. It is as
follows:

"Resolved, That the standing orders of the Convention be so amended
as to make the time of our meeting 8 o'clock, a. m., instead of 9."

Mr. Wrigley. I move that we adjourn at 1 o'clock, and that we have
but one session a day.

The motion was rejected, and then the resolution was adopted.

Mr. Greer. Mr. President, I move that the Convention adjourn till
Monday morning, 8 o'clock. ^

The motion was rejected, on a division — aff. 16, neg. 24.

The President. The hour having arrived the Convention stands ad-
journed till 3 o'clock.

The Convention accordingly took a recess till 3 o'clock, p. m.

Saturday, July 16, 1859.
AFTERNOON SESSION.

The President called the Convention to order at 3 o'clock.

The President. The subject before the Convention is the report of the
committee on Preamble and Bill of Rights.

Mr. Blunt. Mr. President, I move the Convention go into committee
of the whole.

The motion was agreed to.
[*151] The Convention accordingly resolved itself *into a committee
(Mr. Stinson in the chair) and proceeded to the consideration of the re-
port from the committee on Preamble and Bill of Rights.

Mr. President Winchell. Mr. Chairman, I move that, for this de-
bate, members be limited to ten minute speeches.

Mr. Blunt. Mr. Chairman, this question has been discussed and a
wide range taken, this forenoon. Some gentlemen have spoken at length,
and I believe the discussion has come from one side, with but one e.xcep-
tion. I desire to have something to say upon this subject, and I presume
there are other members whose views should be heard; and I hope the
Convention will not attempt to gag us off, and confine debate to ten
minute speeches.

Mr. President Winchell. There are fifty members here, and I sup-
pose one has as good a right to speak as another. I confess I would rather
hear fifty ten-minute speeches than one-fourth the number four times
that length. I believe every man here can say all he ought to say on
this subject in ten minutes.

Mr. Blunt. I move to amend by inserting twenty minutes.

Mr. Foster. If I understand the rule of the committee of the whole,
a man can speak as long as he wants to. I shall oppose the motion.

Mr. J. Blood. I regard this matter as an important question, and I do
not think that there would be any difficulty without adopting the rule;

16 — 778

242 Convention Proceedings and Debates.

but I am anxious to get through with business, and I am wilHng to restrict
the discussion of this question. I do not want ten minutes nor five minutes,
myself.

Mr. Wrigley. Mr. Chairman, I have not attempted to perpetrate a
speech, and don't intend to, but I deem this question to be one of great
importance, and I do not desire that any gag shall be applied in the dis-
cussion of it. If gentlemen desire a reasonable amount of time to express
their sentiments, it ought to be allowed to them, most assuredly; and
until some gentleman trespasses so far upon our time as to become a nui-
sance and. annoyance to the Convention, I think such a motion ought not
to prevail. When gentlemen become exceedin"-ly windy and disposed to
perpetrate their speeches unreasonably upon the Convention, it will be
time enough to introduce a motion of this sort ; and until that time comes,
each individual ought to be allowed the time he may desire. The object
of going into committee of the whole is to have an interchange of opinion
without limit or restriction, and it occurs to me if a motion of this sort
would prevail, it would be the worst kind of an application of the gag
rule. I hope it will not prevail.

Mr. President Winchell. Mr. Chairman, I did not desire to say any-
thing further on this point, but this favorite phrase of "gag rule" has
been repeated so often, that I wish to say it comes with ill grace from
gentlemen who entertain views different from mv own on this boundary
question. This motion was not made until gentlemen on the other side
of the question had an opportunity to express their views; and it strikes
me as disin<ienuous, coming from them. The object in going into a com-
mittee of the whole is, in the main, to avoid a voluminous journal. I have
yet to see what there is that prohibits gentlemen from expressing their
views in ten minutes. Ten minutes is a long time.

Mr. McDowell. Mr. Chairman, I have a single remark to make upon
this subject. I hope the committee will not sustain the motion of the
gentVman from Osage (Mr. Winchell). I have no doubt a number of
gentlemen will desire to give their \iews fully and at length to this com-
mittee, and it may be that some of us have not that power of compre-
hension that the gentleman from Osage has

[*152] Mr. President Winchell (interrupting). I *call the gentle-
man to order. He is getting personal.

The Chairman. The point of order is not well taken.

Mr. MrDowELL. Mr. Chairman, as fnr as my experience goes, I have
not seen shorter speeches made in any deliberative body than we have had
in this one. But as I was about to observe, we are framing an organic
law, not to last a day or a year, perhaps, and most important questions
come before us; and it does seem to me no gentleman ought to endeavor
to withhold discussion as this rule will withhold it, if it passes. There
is no gentleman upon this floor who is disposed to abuse the patience of the
Convention. I have heard no long speeches; I believe I have made as
long speeches as any — and they have been brief and to the point. Ahem!

Mr. Hutchinson. I would ask if this motion applies to this afternoon,
or as a permanent rule in the committee of the whole.

Mr. President Winchell. To to-day.

Mr. J. Blood. I understand — upon this question of boundary.

Mr. President Winchell. Upon this question, to-day.

Mr. Foster. I move to amend by inserting "thirty minutes."

Saturday, July 16, 1859. 243

The amendment was rejected, on a division — affirmative 8, negative 16.

Mr. Blunt's amendment was also rejected, and then the original motion
was agreed to.

Mr. Griffith. Mr. President, representing as I do, a constituency in
the extreme portion of Southern Kansas, I propose to offer a few thou-^hts
on this question of boundary — a proposition made to extend our northern
boundary to the Platte river. Sufficient reasons have been offered on this
floor to justify our Nebraska neighbors for desiring this annexation, but,
sir, what arguments have been offered to justify our compliance with their
proposition. It has not been shown on this floor that annexation would
prove advantageous to our railroad and commercial interests. This has
been carefully and perhaps purposely passed over. The heat is very op-
pressive; I shall therefore content myself by simply indicating the reasons
why I shall vote against the extension of our northern boundary.

1st. Annexation may peril our chances for early admission into the
Union. There are gentlemen in this Convention who think the Demo-
cratic element in this body support this proposition because they hope
by annexing Southern Nebraska to gain the political ascendancy in the
organization of the State government under the Constitution here framed.
I cannot believe this is the reason which influences them. A more probable
reason for their action may be found to he in the ultimate effects of the
adoption of this proposition upon early admission into the Union. Suppose
we make the Platte our northern boundary, and the House of Representa-
tives should accede to our proposition, but the Senate should refuse, and
offer to compromise by cutting off 50 miles from Southern Kansas. The
result would be, in aU probability, a reference of this matter to the people,
and thus we should be kept out of the Union until after the Presidential
election in 1860. They are anxious to keep us out if a sufficient pretext
can be found. I propose to give them no pretexts, so that, if we are kept
out, it shall be because we have not the 93,000 inhabitants required in the
English bill. It has been said that the Government officials in this Terri-
tory are regarding this proposition with great favor. Doubtless they have
good and sufficient reasons therefor. They are interested in keeping Kan-
sas in a Territorial condition as long as possible.

2d. Annexation would be an act of injustice to Northern Nebraska.
Its effect would be to keep the remaining portion of that Territory in a
Territorial condition for, perhaps, five years.

[*153] *3d. Annexation, as a political move, is also impolitic. In the
North we are interested in the rapid increase of the number of free States.
The South are desirous not to increase the number. They are struggling
to hold the power of the government, and they propose to do so by throw-
ing every bar possible in the way of formation of free States. Now, sir,
annex Southern Nebraska to Kansas, and you shut out the application
for one more free State for at least five years. But let Nebraska remain
as she now is, and she will make application to the first Congress of 1860
for admission as one of the sovereign States of the Union. This is a
sufficient reason why a Northern man should not accept the proposition to
annex Southern Nebraska to the State of Kansas.

There are other important reasons which might be urged with potency
against the proposition. I shall not enter into an investisiation of these
at present, for I am willing to go on the record with those already indicated.
Mr. Foster. I move the committee rise.

Mr. President Winchell. I would like to hear reasons assigned for
rising so soon.

244 Convention Proceedings and Dkbates.

Mr. Foster. I will say that my friends on the other side of the hall
are making the speeches, and it is very hot here for us to sit and listen
to them.

Mr. Wrigley. Another reason is because I believe the gag rule was
applied for the benefit of imbeciUty and ignorance.

The motion was rejected.

Mr. Blunt. Mr. President, I had desired to speak somewhat at
length upon this question of boundary, but as the gag rule has been
adopted, I must necessarily be brief, and shall not pursue the line of argu-
ment I had intended. Upon the subject of our western boundary I have
but a few words to remark. I do not hesitate to say that I have but little
choice, whether the 23d, 24th or 25th meridian is agreed upon as our
western boundary. I believe there is no one upon this floor, except the
gentleman from Riley (Mr. Houston) whose large philanthropy and ex-
pansive ideas embrace all creation "and the rest of mankind," that pro-
poses to extend our western boundary to the Rocky Mountains. And I
think it is generally conceded by the members of this body, that the do-
main now embraced in our Territorial limits is of sufficient area to comprise
two States; and that as the pursuits and interests of the eastern and
western portions of Kansas are likely to be dissimilar and antagonistical,
it is desirable that it should be so divided; and the only question as re-
gards our western boundary is — when [where?] shall this line of demarca-
tion be set up? To divide upon the 2od meridian, would be to give us a
sufficient number of square miles to form a State larger than New York,
Iowa, or Ohio, or to give a more definite idea of the extent of territory, it
would be two hundred and ten miles from north to south (with our present
northern and southern boundary) and three hundred miles from east to
west, and comprising over seventy-three thousand square miles. We would
then embrace all of the desirable territory upon this side of that large
sterile plain, situated on our west, that would add neither wealth nor im-
portance to our State, but over which to extend our laws and protection,
would be an onerous burden. And, moreover, by fixing upon the 23d
meridian, we would be leaving to our western neighbors, who propose to
set up the new State of Jefferson, a sufficient area of territory to form a
large and respectable State; but as I before remarked, I have no great
preference for any one of the three meridian lines proposed, and will be
satisfied with either. Before leaving this subject, however, I vvish to add
a few words by way of reply to the gentleman from Riley (Mr. Houston),
who has tried to sustain an argument in favor of e.xtending our western
boundary to the Rocky Mountains. The gentleman, with his profound
[*154] wisdom and keen ^penetration, arrogates to himself the guardian-
ship of "posterity" and "the millions yet unborn;" and with an eloquence
peculiar only to himself, he admonishes us to be very careful how we
handle this question of boundary. The gist of his argument has been, that,
if we did not extend our boundary westward as far as our present terri-
torial limits, we shall deprive ourselves of all facilities for constructing a
railroad up the Kansas Valley to the Pacific, and also cut off all inter-
communication between ourselves and that newly discovered El Dorado
upon the eastern slope of the Rocky Mountains; or, in other words, if we
do not have control of this whole recion west of us, that the people of
Pike's Peak — instead of seeking the shortest and most natural and prac-
tical outlet to the eastern States, by the Kansas Valley route, they will
go through the Platte Valley, and through Nebraska on the north of us;
and by the Arkansas route on the south — either of which is several hun-
dred miles further, and possessing less than half the local advantages.

Saturday, July 16, 1859. 245

When he has con\dnced me that an imaginary or arbitrary geographical
line, extendine north and south throuch the plains of Kansas, will affect
the natural tide of commerce; that it wall prevent inter-communication
between States and communities; that it wiM be a barrier to the exchange
of our agricultural commodities for the gold from the mining districts of
Pike's Peak; or that it will change the channel of the Missouri river; then,
and not till then, will I conceive that his premises are true, and his
reasoning correct. I do not like to judee men's motives, but in listening
to the gentleman's speech in favor of the extension of both our western
and northern boimdary, the query has occurred to me whether the location
of the State capitol at Manhattan, as he saw it in his vivid imagination,
did not have much to do with the zeal and fervor with which he has
advocated the cause.

Having thus briefly adverted to our western boundary, I shall nass
on to the consideration of the subject of the annexation of Southern
Nebraska, which measure has been advocated with considernb'e abi'ity
and sreat zeal upon this floor — not only bv the members of this body, but
by the gentlemen representing that portion of territory proposed to be
annexed. Much has been said by our Democratic friends on the other
side of the House, who are presenting this annexation scheme with a great
deal of \i'^or — about this discission taking a political caste, and we are
continually exhorted to lay aside our party prejudices, and view the matter
in a liberal, and not in a poUtical aspect. I do not know, nor have I any
data for knowing, the present poetical character of that portion of terri-
tory proposed to be annexed, or how it misht politically affect the future
State of Kansas. One thine, however, is quite clear to my mind, that
whatever may be their political complexion, they are very desirous — or
a portion of them at least — of attaching themselves to us, and beins: in-
cluded in the State organization of Kansas. What is the extent of this
territory south of the Platte river? At the widest point it is about one
hundred miles from south to north, and the mean width about seventy-
five miles. Although it was ingeniously stated upon this floor, by the
gentleman from Nebraska (Mr. Taylor) that it extended our boundary
only forty miles, and in order to make his statement consistent with truth,
he reckons from a point about the 25th meridian west, where the Platte
river makes a circuitous bend to the south. Again; it may be asked which
is to be the most benefited by this annexation — Kansas or the territory
to be annexed? According to the arguments of the gentlemen here from
Nebraska it would appear that Kansas is to be the recipient of all the
favors — that a valuable tract of land is to be given us, containing
great wealth, from which a revenue may be derived for the support of
[*155] *our government without any increase of our expenditures. This
position is erroneous, for as you increase the sources of revenue by the
annexation of adchtional territory, you likewise increase the expenditures
m the same ratio; hence this part of their argument goes for nothing.
They tell us again that the Platte river is the natural boundary, and that
the domain lying south of it of right belongs to Kansas; and with much
eloquence and zeal they admonish us that now is the propitious time to
possess ourselves of this valuable prize. They say to us, "we tender you
this free offering — now is the golden opportunity. If you do not accept
the offerimi at this time you lose the prize, for another opportunity of
acquiring this beautiful and fertile country will never be offered you." In
reply to this kind of argument, I have only to saj', that, if their position
that the Platte is the natural boundary, and all south of that rightfully
belongs to Kansas, is correct, she will ultimately obtain it; but gentlemen

246 Convention Proceedings and Debates.

tell us that when our boundaries are once fixed they cannot be changed.
In refutation of that point I will cite them to the case of Missouri, to which
was annexed the Platte purchase long after she had become a State.

Here the Chairman's hammer fell under the ten minutes rule.

Mr. Parks. Mr. Chairman, I move that the rules be suspended so that
Dr. Blunt may proceed.

The motion was agreed to without a dissenting vote.

Mr. Blunt. Mr. President, I cannot believe that it is for the political
good of the people of Kansas, that the gentlemen from Nebraska are here
laboring with so much zeal. I know that men do not generally engage in
such enterprises from pure philanthropy and disinterested motives. I
think that in the consummation of this annexation scheme, Southern Ne-
braska would be the beneficiary and not Kansas. I respect these gentle-
men's claims. I respect the zeal and anxiety they have manifested in this
cause. 1 have no doubt they sincerely desire to come within the protecting
folds of our State organization, and thereby rid themselves of the local
and internal strife that is nearly distracting them; and could that strip
of territory be annexed without endangering the interests of our own
people, I would unhesitatingly grant their request.

But whatever may be my own personal feelings and views in this mat-
ter, it is sufficient for me to know that the people whom I represent upon
this floor are decidedly opposed to this extension of our northern boundary,
and in the faithful discharge of the trust confided to me, I could not do
otherwise than vote against it. And before passing this subject, I must
allude, though briefly, to some of the reasons why the people of Southern
Kansas do not favor this proposed annexation. Southern Kansas, com-
prising the most beautiful and fertile region of our Territory, must neces-
sarily be an agricultural community, and regarding the Kansas Valley as
the natural commercial centre, we also desire that it should occupy the
same position geographically, that the political power and patronage which
is to control the future enterprises of Kansas, may be nearly equally di-
vided on either side of this commercial outlet, and that we in Southern
Kansas shall not be forced to occupy any minor position. We have now
over one hundred miles of river frontier, extending from the mouth of the
Kansas river northward — which is densely populated — whose interests are
of a commercial character and dissimilar to ours. Of this we do not
complain, as it is necessary that the agricultural and commercial interests
sbo'i'd to a certain extent be blended together for the mutual benefit of
[*156] both. We conceive that *with our present boundaries north and
south, these diversified interests are now about equally distributed, and
that equilibrium we do not propose to disturb.

If you annex that portion of Nebraska south of Platte river you extend
our river frontier one hundred and fifty miles, or make it more than
double what it now is. It is the river counties of the Platte country that
contain nearly the whole of the present population, and their interests
are chiefly of a commercial character. Then if you add this hundred and
fifty miles of river border, making the whole river frontier over two hun-
dred and fifty miles, whose towns will be densely populated and whose
interests will be dissimilar to ours, you will be giving to them the pre-
ponderance of political power whereby they will control the future enter-
prises of Kansas, and the agricultural interests of. the interior will be
made entirely subservient to theirs, and we in Southern Kansas will be
like the tail of a kite, subject to the caprice and will of the river border—
a position we do not choose to occupy. And in this matter, I do not think

Saturday, July 16, 1859. 247

we evince any more selfishness than is incident to human nature generally,
as it is the province of every community to look after its own interests,
and we feel that if we do not look after our local interests in this matter,
that the people of Southern Nebraska will not do it, in a manner that will
be altogether acceptable to us.

It has been asserted on the one side upon this floor that this is a
scheme to strengthen the Democratic party, or to give it the ascendency
in the State, and as often denied by the other side. I am not prepared
to say that the Democrats upon this floor (who I believe, without
an exception, have taken a position in favor of annexation) are influenced
by any such motive, for, as I have before remarked, I do not know the
political complexion of the territory proposed to be annexed. But, never-
theless, when I see that party arrayed in favor of this movement — when
I see not only every Democrat upon this floor, but every federal office-
holder in the Territory, from the Governor down, pressing this matter
with so much vigor, and making it subordinate to every other issue, claim-
ing at the same time that they are disinterested as a party, and have only
in view the future glory and prosperity of the Commonwealth of Kansas;
I confess that the conclusion forces itself upon my mind, that under all
this disinterestedness and sophistry there is a concealed dagger; for I be-
heve it is not susceptible of proof that the Democratic party, especially in
this Territory, has ever distinguished itself by disinterested philanthropy.
The question may then be asked, why is it that this party manfests
so much feeling upon this subject? Upon a superficial view, it may
be remarked that all its votaries upon this floor except one (Dr. Bar-
ton of Johnson), hail from north of the Kansas river, whose local
interests would be advanced by the annexation; but in refutation of that
course of reasoning it is only necessary to state that quite a number of
Republicans in this body hail from the same locality, and we find them
all opposed to extending our northern boundary to the Platte river, and
they tell us that the mass of the people whom they represent in the
northern portion of Kansas, do not attach much importance to this propo-
sition, and are not at all anxious to be coupled with any portion of Ne-
braska. And I have yet to learn that there is any constitutional difference
between a Democrat and a Republican — that they would not be affected
in like manner by the same material or local causes.

Mr. President, in the hasty view that I have taken of this matter, as it
has presented itself to my mind, I can arrive at no other conclusion than
this: That in the zeal in which the Democratic party are advocating this
annexation scheme they are prompted by no other desire than to defeat
the whole Constitutional movement and to perpetuate our Territorial exist-
[*157] ence. In case they should *not get control of the State organi-
zation, and in support of this proposition, it may not be improper to re-
mark, that the federal office-holders in Kansas are among the most earnest
advocates of the extension of our northern boundary. And it is a matter
susceptible of proof, that but a few days since a person high in official
station in this Territory proposed to secure to the city of Lawrence the
location of the seat of government by Democratic votes; if, in return, the
delegates from Douglas county upon this floor, would vote for the annexa-
tion of Southern Nebraska. These federal office-holders who are engineer-
ing this matter, know that if this attempt at a State organization is suc-
cessful, their occupation is rone, and having failed to defeat the popular
movement for this Convention, and having still later failed to secure a
controlling majority in this body, to use for their own political purposes,
they now endeavor to prevent the consummation of a State government

248 CoxvEXTiON Proceedings and Debates.

by inducing us to go beyond our legitimate sphere, in extending onr
boundaries, and including territory not included in our Territorial limits,
thereby embarrassing our action before Congress, and furnishing our ene-
mies in the National Councils a pretext, and arguments to be used as a
barrier against our admission into the Union as a sovereign and independ-
ent State.

In conclusion, Mr. President, I would remark by way of caution to
the RepubUcan party as represented upon this floor, do not suffer your-
selves to be inveided and deluded by the enemy of a State organization
and free institutions in Kansas. Whatever merits or demerits attach to
this Convention, must be assumed by the Repubhcan party of Kansas.
They, and they alone, will be responsible. The people are long since
wearied of their Territorial government, and almost discouraged by the
frequent unsuccessful attempts to change it. From the actions and de'ib-
erations of this body, they expect will emanate the fundamental law that
will form the basis of free institutions, that will be the pride and glory
of one of the brightest stars in the constellation of States. The eyes not
only of the people of Kansas, but of every State in the Union, are directed
toward us, and much is expected of us; let us not travel out of our le<iiti-
mate sphere, or encroach upon doubtful premises. Let no extraneous subject
di\dde us, or embarrass our action, but with a fixed purpose to advocate the
right, and to devote our best energies to the interests and welfare of the
people we represent, let us faithfully discharge the trust confided to our
care, and leave the result to form a part of the future history of Kansas.
Mr. President, permit me to return my thanks to the Convention for the
courtesy and indulgence extended towards me in remo\ing the gag and
permitting me to proceed.

Mr. Wrigley. I assure you, Mv. Chairman, and gentlemen of the Com-
mittee, that I am as little inclined to make a speech on this hot afternoon
as the Convention is to listen to it, but believing as I do that this is one of
the most, if not the most important question that is presented, or to be pre-
sented before this body, I desire to offer a few remarks in relation to the
boundaries of the future State of Kansas. It seems that the proposition
as it stands is this: the gentleman from Johnson (Mr. Burris) moves that
our western boundary be designated as the meridian of longitude twenty-
three. To that motion, an amendment is offered by the gentleman from
Riley (Mr. Houston), that the western boundary be as in the organic act,
which extends our western boundary to the Rocky Mountains. Legitimately,
Mr. Chairman, this is the question that is properly before the committee
of the whole. Inasmuch as a wide latitude has been expended to other
speakers, I desire an opportunity of giving expression to my \'iew in rela-
tion not only to the western but the northern boundary. I am in favor
of the motion of the gentleman from .Johnson, because I believe the twenty-
third or twenty-fourth meridian is the proper western boundary of Kan-
sas. I believe it for reasons which have already been stated, and which
are made apparent to the great body of this Convention; to the great
body of the people of Kansas; and to the great body of the intelligent
people of this country, who have paid any attention to this subject. Why,
sir, you put the western boundary upon the twentv-third meridian; you
have on the eastern side the agricultural district of Kansas, and you have
[*158] on the west an expanse of territory of equal \vidth and of *equal
extent, barren, sterile and unfit for agricultural purposes. It has been
stated that already propositions have been made for organizing a new
State west of Kansas, and that is contemplated in this boundary. I have

Saturday, July 16, 1859. 249

heard some intimations to that eflfect. I don't know whether they be true
or not, but of one thing I am perfectly satisfied, and that is, that if a new
State is ever formed, in the region about which we are talking, it will be
considered as a first class State, not because of its agricultural importance,
but because of its mineral resources. It will be a mining State, because of
its universal importance. I say it, as indicative of my own and constitu-
ents' views, that so incompatible are the interests of an agricultural and
mining people, that it would be far better for the State of Kansas to ex-
clude that region from its borders. There will be a diversity of interest^
between the eastern and western part of the future State of Kansas, in
case her original boundaries are retained. On the one hand you will find
the people devoted to all possible kinds of the industrial pursuits of life,
givdng themselves up principally to the agricultural interests; on the other
hand you have a roving and unsettled population; not, perhaps, settling
for a permanent settlement, but going there for a very temporary purpose,
that of taking the glittering gold out of the bowels of the earth — of avail-
ing themselves of the mineral resources of the country. These two classes
will never become homogeneous. And so, when you consider that between
these two sections of country there will be an intervening territory vast in
extent, sterile and unfit for habitation, occupied only perhaps by wild ani-
mals of the prairie, it \\dll be seen that it is truly impossible to reconcile
one with the other. I am not opposed to a great extent of territory. I
would perfectly agree with the gentleman from Riley (Mr. Houston),
that the State might extend as far to the north, south, east or west as it
might be desirable for the interests of the people that it should extend its
borders; but simply on account of the interests of the agricultural portion
of the people, I desire that the western boundary be fixed somewhere near
the point named in the amendment of the gentleman from Johnson (Mr.
Burris). I believe these two interests are incompatible; and that this
sterile plain which intervenes between the agricultural and mineral portions
of Kansas is so-'O'ide — occupied only by wild animals, and unfit for culti-
vation to such an extent — as to render the community of interests alto-
gether incompatible. For this reason I fix upon the boundary as named in
the amendment just referred to. I believe a large majority of this Con-
vention are in favor of that, or something near it. If anything else can
be said, I don't know what it should be. All has been said pertaining to
that point which occurs to my mind. As far as the wealth of that country
is concerned, it will be as well as if we included it within the borders of our
future State. I am anxious that there shall be constituted a State west of
Kansas embracing Pike's Peak and all that mineral region. I believe it
will be for the interest of the people who inhabit that section of countrj'.
I believe, all things considered, it would be better to cut off that sterile
country and embrace upon our northern boundary an equal extent of more
fertile country; and it is thus important that we should consider, not only
the western, but also the northern boundary question. It wi'l be observed
that if we make our western boundary upon the twenty-third mericUan, or
in that neighborhood, and extend our northern boundary to the Platte
River —

Here the Chairman's hammer fell, under the ten minutes rule.

Mr. Blunt. I move that the gentleman have Uberty to proceed.

The motion was agreed to.
[*159] Mr. Wrigley. Mr. Chairman, I thank the *Committee for its
courtesy and will be as brief as possible; for I was sincere when I said
I did not desire or intend to make a speech. As I was remarking, I am

250 Convention Proceedings and Debates.

in favor of making the western boundary on the 23d meridian because 1
am in favor of attaching Southern Nebraska on the north. If we run
our northern boundary to the Platte River and fix the western boundary at
the 23d meridian of longitude we will have nearly a square State, being
about three hundred miles from east to west, and the same from north to
south, in round numbers; you will embrace the best portion of fertile land
in the Territory of Kansas, and you will also have the best lands of Ne-
braska. The intimation that it was designed by nature for our northern
boundary is attested to by the people who inhabit that section of country;
the best evidence is not only what appears on the surface, but what throbs
in the hearts of men. Inasmuch as the Platte River is almost impassable,
so the people, as if impelled by nature, have elected their delegates to
present themselves before this Convention, insisting upon that river as
the northern boundary of Kansas. By attaching this territory you add a
large extent of very valuable land. You not only add to your present
territory an extent of very valuable arable land, but you increase your
river border, in itself a matter of considerable importance to the people
of Kansas. You include numerous milling streams; also a population of
perhaps twenty-five thousand souls — intelligent, industrious, and who
possess a great amount of wealth — those who can join with you in bearing
the burden of taxation and assist in developing the resources of the future
State of Kansas. Southern Nebraska embraces almost one-third the ex-
tent of country of the present dimensions of arable land in Kansas. It
occurs to me this matter is of some importance to the people of the Terri-
tory of Kansas, if looked at without partisan feehng. and with calm, de-
hberate consideration. I have been somewhat astonished at the partisan
feeling manifested here, but I rejoice to say that I can approach this
question without one single iota of prejudice. I know my constituents are
desirous of annexing this portion of Nebraska, and I believe it to be the
wish of a majority of the people of Kansas. Ought the question of whether
it be of party importance or not to enter into the mind of any gentleman
upon this floor? I approach this question, and shall cast my vote without
any reference to partisan influences. I should be ashamed to approach
and act upon it for partisan effect. If members of this Convention can-
not find any better arguments against the addition of this great country
to Kansas than such considerations as these, they had better hide their
heads in shame. What are we doing here? We are collected together to
frame a Constitution for the future State of Kansas, evidently possessing
the power of fixing the boundaries of the future State — and with that
power in our own hands, this rich treasure is laid at our feet. But gentle-
men sa}' it will militate against the Republican party of the Territory of
Kansas. I would ask the gentleman from Douglas (Mr. Thacherl from
whence comes his information that that particular portion of Nebraska is
Democratic? Where did he get his information that this was a Democratic
scheme? Who informed him that the people of Nebraska, south of the
Platte, were Democratic, and opposed to the Republican party? Did he
derive it from gentlemen who represent that people? If I recollect, and I
think I am right, they declared that the people were unmistakably Re-
publican. They said there can be no doubt about this question. They
tell the Convention that they themselves have opposed, from the beginning
to the end, the measures of the Democratic party, since the beginning of
Mr. Pierce's administration. They have opposed every Democratic meas-
ure which has been presented to this people. They say they not only are
not Democrats themselves, but a majority of their constituents are beyond

Saturday, July 16, 1859. 251

[*160] controversy *Republican. Then I ask how is it that these gentle-
men have ascertained that they are Democrats? Where did the gentle-
man from Douglas derive his information? And then, if true, is it a
motive which should actuate an honorable man? Is it a motive that
should incite an honorable member of this Convention to action? Ought
any member to view this question in the li::ht of partisanship? Even
taking it to be true, for the sake of argument, that it is a Democratic
country, is it to follow that Republicans are to vote against the annexa-
tion of that section because of that fact? Are they to ignore the fact, that
it embraces a beautiful extent of country; that it adds to us a popula-
tion of intelligent and wealthy men, and makes a very considerable addi-
tion to the means of prosperity for our future State? Are they to ignore
all the benefits the people of Kansas are to derive by annexation, simply
because they think it will militate against the RepubUcan party? Is it
true, that this Constitutional Convention is to frame a Constitution for
the benefit of the Republican party exclusively? Is it so that our organic
act is to be made, not for the benefit of the people of Kansas, but for the
benefit of the Republican party? Says the gentleman from Douglas,
Southern Nebraska is not to be added to Kansas because the heavens there
have not grown lurid with flames, and the settlements have not been made
red with gore, and the prairies have not been covered with dead bodies of
murdered men, as has been the case in bleeding Kansas. Because you have
not suffered all this inconvenience; because houses have not been burned
and children have not been murdered, therefore you are not to be attached
to Kansas! In other words, the Republican party makes its capital
about this cry of blood and thunder, and raw head and bloody bones, and
says to the Platte River people — because you have never entered into that
contest therefore you are not to be made part of Kansas! I am opposed to
bringing party into the consideration of this question. While I am sincere
in the belief, that a majority of the people of Southern Nebraska are to-
day Republican, I shall vote for the annexation, with just as much satis-
faction as I would if I knew it were Democratic, for the reason that I be-
lieve it will be for the benefit of the people of Kansas; and I am willing
to trust the principles which I aspouse, not to adventitious circumstances,
but in the hands of an intelligent people. Thus, whether the people of
that section agree with my political views or not, I am willing to trust
them to the people of the country. Are members of the Republican party
so fearful of their principles that they dare not trust them to the people
of that section of country? If so, they had better hide them, as well as
themselves, in the shade. Those people are quite as able to determine
what is right as we are. We are all sprung from one common ancestry;
and it does appear to me that principles may safely be lodged with the
people, they to determine which party is right and which is wrong; and
both parties ought to divest themselves of party prejudices and look at
the matter simply as it is likely to affect the interests of the people of
Kansas. It occurs to me that, practically, there is but one \dew of the
question, and the gentleman himself has indicated that. He says ihis
proposition cannot succeed, because the Republican party cannot divest
themselves of this prejudice; that believing Southern Nebraska is Demo-
cratic, they candidly believe they would be doing injury to the principles
which they esjtouse by admitting it into the State. They have admitted
their opposition to annexation to be their opposition as partisans, and
nothing else. They don't claim that there is one single principle involved
in it. It is all because they imagine that portion of country is Democratic.

252 Convention Proceedings and Debates.

I repeat, sir, that these matters of partisanship ought not to enter into the
[*161] *consideration of this question. But I have said more than I in-
tended to say. I have said I desired the western boundary to be fixed at
the twenty-second meridian ; in order that, by cutting off that sterile region,
we might embrace a fertile region on the north; and I have said, that I
desired members of this Convention, without regard to party, to consider
the propriety of so deciding.

Mr. Lamb. Mr. Chairman, I have not made myself troublesome to this
Convention, and I now desire to add but a few words. I doubt not the
sincerity of the delegates from Southern Nebraska in presenting their
claims here. I have no idea but that they are honest men, and present
the claims which they actually desire. But we stand in a precarious posi-
tion here in Kansas. Our struggle this last winter is about to be com-
pleted, and now an idea is raised of attaching more territory; and I ques-
tion whether or not we will entangle ourselves. These gentlemen, in pre-
senting their claims, have done it in a very fascinating manner. They
have told us what a wonderfully good country they have; how well
watered and timbered; how about their mineral and salt springs, and their
population; and they say: "All this I give unto you, and in consideration
thereof I ask nothing only to come into your dominion." You all remem-
ber the anecdote about the cat whose claws were all worn out, and how she
adopted a system to catch the mice by getting down into the meal tub and
covering herself up in the meal. The old rat comes and says: "It looks
like meal, but there may be a mistake there." Now, this proposition looks
favorable, but I'm afraid there's a cat in that meal tub. I will illustrate
my idea still further by telling an anecdote. A sailor who had been in the
habit of crossing the ocean, had paid some respects to a wealthy young
lady, but another individual was paying her his attentions who was very
homely, while the sailor was himself beautiful to look upon. Well, the last
time he went to see her before going out on a voyage, she says to him,
"Now is your last chance; I love you with all my heart, and you know the
vast wealth I have got. I will give it into your hands if you will marry
me before you make the voyage; if you don't, you may expect I never
will." The lover said he desired some token. "I will give it," said she.
But the sailor replied: "The best token of love is to let me make the
voyage and return, and if you will then marry me, that is the best token."
Now they have presented the claims of Southern Nebraska, and they look
earnest. The lady no doubt wanted to marry the sailor then, and wanted
to make an impression; but he made the voyage, returned, and found her
just as ready to receive him as before. Now if these men desire to be
annexed, and are willing to go in for it themselves, they can hold on till we
go on the voyage up to Washington, and then, when we return if they are
willing, the banns can be solemnized. (Mr. Graham. That's it.) When
our next Legislature meets, they will elect their members and the Legisla-
ture may be Democratic. We may, by this very act, send two Democratic
U. S. Senators to Congress; and there will be some other Territory that
will knock for admission, and they two act in ushering m another pro-
slavery State. Suppose we keep them out, and send two Republicans to
Washington, and this good portion of territory that has been tendered to
us have a majority of Republicans, and when Nebraska is admitted they
will send two more Republicans up to Congress, and thereby our stakes
will be strengthened. Gentlemen, it has been said that this is a political
hobby. Was not the Lecompton Constitution purely tyrannical? And now
will these men come up here and say "shame" in our faces? It does seem

Saturday, July 16, 1859. 253

[*162] to me if any people in the world ought to cover their *heads and
beg to the Republican party, they are those who have tyrannized over the
Republican party in Kansas. In Congress they fixed it, as they thought,
to make Kansas a slave State; but when they sent men into Kansas, they
found they had been whipped out on their own ground— they found the
line fixed too far up for a slave State. Take on some north, and they will
cut off a fifty mile strip from the south and put us with the Cherokees — a
slave nation. We are willing to indulge and permit these Democrats to
take part in the deliberations of this Convention, but we say they don't
deserve it.

Mr. J. Blood. Mr. Chairman, I wish to say only a word or two. In
the first place in regard to the proposition offered by the gentleman from
Riley (Mr. Houston) to extend our western boundary to the summit of
the Rocky Mountains. I think it is not necessary to discuss that question,
for I presume there are but very few gentlemen who would think for a
moment of including a large number of people who have expressed a de-
sire to be left out. I have no disposition to force into the new State of
Kansas an unwilling people, separated from us as they are. But in regard
to the northern boundary, it has been said that there has been no argument
used against the extension of our northern boundary, except those of a
political consideration. Mr. Chairman, the people of Kansas, in the por-
tion I in part represent, are almost unanimously opposed 1o the extension
of the northern boundary, for other considerations. I believe three-fourths
of the people of Kansas are opposed to an extension of boundary in that
direction. I have been more than anxious to listen to some arguments in
favor of the proposed extension. We have been told that it is proposed to
give a large tract of country. I don't understand we are to receive any-
thing. The proposition to give is an imposition. No such thing is con-
templated. The simple proposition is to extend the boundaries of the
future State of Kansas; and the simple question is, is it beneficial? I
think it can be only in one way — that of adding something to help us pay
the taxes of government. And will not annexation increase the expenses
of government in proportion to the increase of the value of taxable prop-
erty? It strikes me so. Then I can see no advantage to be gained Our
commercial interests are not pointing in that direction; our railroad in-
terests are not in that direction, so no advantage is proposed except this
one of taxation; and in my opinion the annexation would not lessen our
taxation. The increase of expenses would be about equal to the increased
revenues from taxation. But there are some political considerations that
interest the whole country. It is only necessary, Mr. Chairman, to look
round and see who are advocating this plan of annexing this strip of
country, to understand, to know where the plan originated. There is this
consideration: with the present boundaries of Kansas, the prospects are
she will go into the Union a free State, and in a short time Nebraska also
— and both free Republican States. But by this little arrangement, fixed
up by the Democratic party — fixed up by Democratic politicians, and ad-
vocated by nobody else — the pro-slavery party of this nation has planned
this scheme. There is a probability that it may work in this way: take
twenty-five thousand population from Nebraska, and it must retard her
admission into the Union for a number of years; and by taking off the
south part of Kansas and annexing it to the Indian Territory, would
make a slave State. For four years the Democratic party have been trj'-
ing to form a plan to make another slave State. I presume intelligent
Democrats know this. Two pro-slavery Senators from the new State

254 Convention Proceedings and Debates.

[*163] south of us, and two from *Kansas, would make a material differ-
ence in the complexion of the U. S. Senate from what it would be with
Kansas and Nebraska free Republican States. I think there is a great
deal of political importance attached to this question. Gentlemen say,
men should be ashamed to raise this question. They get up here and say
that it is not for political purposes, but simply for the interest of the
whole people; while the people say, "we don't want this thing." It seems
that the people don't know what they want as well as the Democratic
party knows. But believing as I do in the intelligence of the people of
Kansas, and that more than three-fourths or four-fifths of them are
opposed to the extension of the boundary of Kansas north, I oppose it.

Mr. Kingman. If we add this one-third to our territory, is it proposed
to add a proportionate amount to the grant of lands by Congress?

Mr. J. Blood. No, sir, not that I know of.

Mr. Stiarwalt. Mr. Chairman, I desire to say a few words, as I ex-
pect to vote on this question. I must confess, if I have heard it all, that
this must be a Democratic move. I have heard Republicans and Demo-
crats that are in favor of admitting Southern Nebraska, and but one
sentiment prevailed; and that was, that it is a strip of territory very de-
sirable. Gentlemen say this is a Democratic move, and for no other reason
in the world than that Democrats support it. Democrats cannot get up
and vote together here on any question without the opposition saying it is
a Democratic move; and we must not vote together at all, or they will
say every move is a Democratic move. I will give my reasons for voting
for this admission. I am not for takinc land into the Territory as pro-
posed by the gentleman from Riley. (Mr. Houston). I do not desire it;
but what has led me to vote as I do, is this: I remember, when I was a
young man, the Governor of my State calling out the Militia — and for
what purpose? Why, to march to the boundary line of Michigan because
there was about twenty miles of disputed territory between the two
States. I found both States had called out their militia, and other States
came in to stop the matter. And what was it all for? For twenty miles of
territory. In 1839 or 1840 the same thing occurred between Iowa and
Missouri, in consequence of disputed territory (I forget the amount) and
each State had their men marshalled on the line. Between two slave
States, Tennessee and Kentucky, we find a similar transaction. And con-
sequently it does seem to me if this strip of land is very valuable we ought
to claim it while we can, undisputedly. But who gets up this scheme? It
is the Republican party, and nobody else. A gentleman moved, in the
Republican Legislature last winter, to memorialize Congress upon this sub-
ject. A Republican gentleman got up that motion, and did j^ou hear of
anybody going against that motion? If you did, why did they carry it
and memorialize Congress to receive that portion of Nebraska into Kansas?
This move came from the Republican party, but I venture 1o say that, had
it originated with the Democratic party, the measure would not have been
carried. No, gentlemen, I cannot oppose it and go back to my constit-
uents. The question with us was long since decided. I desire to put the
boundary of Kansas so that she shall have a fair boundary. We ought to
ask for a good deal of land, and we ought to have a great deal to get it out
of. I did suppose there were some gentlemen here who would rise above
party on this question. I think our Democratic members have ever been
Free State men. They have worked just as hard, and have voted just as
strenuously against the pro-slavery party as have the Republicans. A ma-

Saturday, July 16, 1859. 255

[*164] *jority of all that stand upon this floor have been against the
pro-slavery party. When I vote with the other party I vote Democratic
sentiments, but I don't change. I wish these men to be set right. They
tell me they never will vote for anything but a free State. Democrats are
as good as Republicans upon this question. And although this is not the
course I have sometimes taken, it is just my feeling now. This question is
all-important. It gives us a good, rich strip of country. Now, with re-
gard to the speech of the gentleman from Southern Nebraska to-day (Mr.
Taylor), I believe that man, every word he says. He comes here anH risks
his reputation upon the assertion that Southern Nebraska is Republican.
And I believe him to be as good a Republican as anybody in this house.
He stakes his character upon this floor for the truth of his assertions ; and
yet gentlemen say he comes here with a pohtical trick! If I have made a
right calculation, it would make this river (the Kaw) the centre of the
State of Kansas. Is there any reason in the world why we should not do
it? They say "we have a power in the south and we will cut you off iu
the north." Sir, I come here as a representative of the people, and when
I speak the word "people" I mean the whole people. 1 will venture to

say to-day, that when Kansas

Here the chairman's hammer fell, under the ten minute rule.

Mr. Ritchie. Mr. Chairman, it seems to me that this discussion is all
for buncombe. I don't see any possibility of our annexing that section of
country, if we desired to do so. We are without the power here to do this
thing. And why is this thing so strongly urged, if there is not an object?
Gentlemen say here, will any man get up and say that party has anything
to do in things in Kansas? Gentlemen, I do not know whether the Re-
publican party will assert any such thing or not, but there is one man in
Kansas that will stand up and face that question, and say, I know that
party has something to do with these things. I for one believe, that,
when that natural boundary was not observed, this Administration had in
its eye to make a slave State south of the Platte; and I believe that
gentlemen thought so at the time. But now the circumstances are differ-
ent. We are asking to come into the Union as the free State of Kansas.
When the gentleman from Southern Nebraska (Mr. Taylor) was speaking
about their patriotism, my heart was made glad because of their assistance
in helping those men to fight liberty's battles here in Kansas. 1 feel that
while I speak of this thing as a partisan (I do not speak of it as to in-
dividuals) there are men yet remaining in the Democratic party who have
not sympathized with this oppression that would inflict u])on a fellow
man the chains of slavery. I hold, then, that we have no power to admit
this territory into our State government. Suppose that we submit the
question to a vote of the people, where does that place it? I believe, ac-
cording to the argument presented here, that before they could possibly
have an act from Congress admitting them and declarins: them a part of
the State, they could have a voice in our Legislature. Well, if not, let us
get in as a Republican State, and if they are Re])ub!ican up there, and it
is to the interest of the State at large, we shall be just as willing to help
them then as we could be now. I do not hear that they are goin-r to make
plans to come into the Union sooner than we. It will be in good time then.
I dislike to hear assertions made about individuals being covered up by
party feeling. I have seen very little of this, but it is true. And when I
hear men get up here and stisimatize the idea of bleeding Kansas, as a slur
upon Kansas, I think it ought to be met, not in a party sense, but as the
truth of history, that history may not be misrepresented. I think it ought

256 . Convention Proceedings and Debates.

[*165] to be *\vritten in the history of Kansas that this bleeding was
blood. I would ask my friends here, who has not heard of the bleeding of
Brown; the murder of McOnot; the death of Dever; and the death of
Porter? And I want to know if some of us did not listen to the shrieks
of that woman who has not dried her tears up yet? And now we are
urged to go into a government and be ruled by that party whose hands
are stained with such work as this. No, gentlemen, take oft' that arm first!
(Mr. Graham. That's it!) I never speak as to party. I have no party
feelings, my friends. This Democratic wing knows that when I agree
with them in principle I indicate that principle; and I expect to be in sxidh
a mood and state of mind that one of my principles shall be to extend
equal rights to every race and color, kindred and tongue. I am not con-
fined to little Democratic caucuses, nor to Black Republican caucuses,
unless they are right; and let that principle drive us all along, and then
perhaps you will get me into caucuses. When you allude to an administra-
tion, that is black in crime, I think of the days when we saw one hundred
men of Kansas prisoners for no other reason than that they dared to throw
back the pro-slavery schemes where they belonged. Gentlemen, you are
not all partisans here backing up that Administration, but if you are not
in that category then I charge it upon you. If you do not support this
from any political measure, but will leave it to a popular vote of the
people — presently, I would have no objections, but not at this time. I
think it out of season, altogether.

Mr. Foster. Mr. Chairman, if I had the eloquence of Demosthenes or
the logic of Cicero, I should not presume to make a speech as hot as I now
am. I rise to make an inquiry. 1 understood the gentleman from Ander-
son (Mr. Blunt) to make a charge of barsain and sale. It was done so '
indefinitely that I was unable to understand it fully. If it is his pleasure, I
wish he would make his charge more explicit. 1 do this with the design of
moving a committee of inquiry, and if there is any truth in the charge I
want it brought out.

Mr. Blunt. I will just state that it had reference to no member of this
Convention making any such proposition. I stated it was a member of the
Democratic party in high official station in this Territory; but, inasmuch
as it has no reference to any member upon this floor, and as I exculpate
every member upon this floor from having made any such proposition, I
do not think it best to make any further statement.

Mr. Foster. Perfectly satisfactory.

Mr. Houston. Mr. Chairman, I would like to have the last speech
upon this question. I don't wish to crowd my views upon the Convention,
for I think you are all well quahfied to judge upon this matter, and for
that reason I would rather not speak, but there is a magnitude about this
question that demands our best thought. Now it has been urged that it
will make our State election Democratic. Let us see how it will work. We
make this Constitution, and it is to be submitted to a vote of the people in
November when we vote for Territorial ofiicers, in December we elect State
officers, and there is not a particle of provision, and no man proposes to
give Southern Nebraska a voice in those elections. Then, of course, she
will not have a voice in the election of United States Senators. These
Senators must be elected by the voice of the freemen of Kansas. How can
they get a vote? They cannot bring to bear a sinde vote before a year
from next winter, admitting that we should be admitted this winter. Some
can vote against that resjion because it will be Democratic. These votes
will be counted in the Territorial election next fall, and your imaginary

Saturday, July 16, 1S59. 257

line will not affect you in the least. We have no authority here, our Con-
stit\ition is nothing but a dead letter until the people breathe into it
vitality. Until that is done, most emphatically, our imaginary hne counts
[*166] but nothing — the people will vote whether we exclude *or include
them. I don't know but it will go Democratic. I think it will go Demo-
cratic, for 1 am afraid we will show our incapacity for the hour in which
we will live. I believe there is no question of such vast moment to the
Republican party as this one. I would be wilhng to take it and go before
the people on it. I might be beaten once in Southern Kansas, but before
the battle was through, if I had talents equal to my opponents, I should
succeed with the main part of Republicans on the north side of the Kansas
river. My impression is that the votes will show that Republicans on the
north side of the river are not Democrats; that they are as reliable as
those on the south. Gentlemen seem to get up here and have the cry
which reminds me of little children. They get up and repeat the old
story — "we will fall into the hands of the slave power." "We have been
injured by the federal government." But, gentlemen, I do think such
groundless fears the most foolish of all arguments that 1 have ever heard.
For us to suppose that when we have a Republican Congress, the Repub-
lican House of Representatives will be divided and throw off part of this
Territory! It is absurd. The Democratic party dare not do it, for they
have almost annihilated their party on this ground. But the Democrats
show their shrewdness in advocating this measure of annexation. They
see the thing in a moment, and would be glad to be aiders, because they
know they can sustain themselves before the people upon this. I am a
Republican, and I am unwilling to let the Democratic party have the
glory of this measure. I am sorry to have you give this measure up, and
call it a Democratic measure, because it is only to give them the power and
glory of it. It is a long lane that has no turn. How large would a State
have to be to be too large? You can have a perfect network of railroads
over th's State — you can run a rni^road from here to the mountains in a
few years. Is that too large? When the gentleman says that the agri-
cultural interests do not want any connection with the mining interests, I
would like to know if he don't want to carry his corn to the mines and get
money for it?

Here the Chairman's hammer fell, under the ten minutes rule.
Mr. Kingman. I move that the gentleman be allowed to proceed.
The motion was agreed to.

Mr. Houston. Thank you, gentlemen. I have an interest in this thing.
Mr. J. Blood. Mr. Chairman, I move that the gentleman from Riley
be allowed a half hour.

The motion was agreed to.

Mr. Houston. Why, gentlemen, we want this connection in the asri-
cultural region; and should be glad to have a connection of this sort that
we might get the highest possible price for our products. This is the way
to give our young State strength and vigor. One would suppose from what
gentlemen say of the country, that it was a God-forsaken desert; that the
lightnings of heaven had poured their streams of death upon it for cen-
turies. But what are the facts? Almost every one that goes out there
tells us that it is covered with immense herds of buffaloes as far as the
eye can reach, over a vast extent — north, south, east and west. I believe
I have as much respect for the buffaloes' opinion as I have for the gentle-
men's here, in regard to that country. Who ever heard of wild animals

17 — 778

258 Convention Proceedings and Debates.

seeking a home that is perfectly barren? Why, the grass must be ex-
tremely nutritious there. I belieA-e that cotton can be raised on these
plains, that will supply the demands of the whole country. When we get
a railroad out there, can't you tax these herds? When you run a railroad
out there let men make a business of herding. You know very little about
that country. There are mines and salt springs there. One gentleman
remarked to me a short time since that he had written hundreds of letters
to the East, tellins them to come on here ; that we wanted to make a path-
[*167] way to the Rocky Mountains over this very country we *are now
proposing to give away. I would keep it till we found out all about it.
Who ever heard of a man cutting off part of his farm before he had ex-
amined it? Now, gentlemen, this Territory may be too large for certain
schemes of partisanship, but it is not too large to make a grand and a
glorious State for the people, and for the interests of the people.

We are told by one gentleman that to take in all the proposed terri-
tory will lessen our chances for admission. Now, gentlemen, it is very
strange that two men may reason upon the same subject, and yet come to
different conclusions. I believe it will aid us to come in. The impression
has gone out that it ought to take ninety or one hundred thousand per-
sons, before a Territory can come into the Union. Such a law ought to
be applied to every Territory. We would have had peace and quiet here if
it had been on the statute book before we were a Territory. But now
what are the figures in reference to this? I have inquired how many votes
there were cast at this last election, and I find there were only nine
thousand and ninety-three. Grant that all did not vote. Add one-half
more and you have fifteen thousand voters in Kansas. How many popula-
tion will that be? Well, I don't believe that we have more than three
times that; that is, I know from the agricultural resion there is a voter
to every three persons. Suppose it was so, what do you have? Why,
forty-five thousand persons, all told; and gentlemen, there ain't a particle
more in Kansas to-day, if the last one were dragged out. You go up to
Congress, and the consequence will be you won't have the requisite popula-
tion. Take in the people from Southern Nebraska, and that fifteen or
twenty thousand people will settle the question at once; and I should
favor that annexation on that account alone; for that is a strong argu-
ment. We never have proposed to ask for more than a memorial, that
might be referred to a committee in Congress, or laid on the table, or
under the table; and the Constitution run through without any reference
to it. Our Legislature will meet in December, and this question may
come up before the people, and the Legislature may memorialize Con-
gress again. And if you don't want it. Congress will not let you have
it. It does seem to me that we have a golden opportunity to place our-
selves in such an enviable attitude ; and it does seem to me most unwise to

reject it.

Gentlemen talk about the railroad and commercial interests being af-
fected by the proposed annexation. I am not so well posted in commercial
matters as some of you, but I think it would be a wise plan to make a
railroad down to Atchison. When the north is pouring into the bosom of
our territory, as she is, I think we ought to get railroads into the State
as quick as we can. Get railroads under way, and they would be the high-
ways of the nation for years to come. Instead of waiting till capital from
the east completes them, away up there in Nebraska, we ought to set to
work and build thom here. I think there is a question of some magnitude
in the consideration; whether you concentrate this line from east to west
in Kansas, or whether you let it pass up north. There is commerce in

Saturday, July 16, 1859. 259

that — and there is glory and wealth in it. We are not providins; for
Nebraska here. The people of our Territory sent us here to naake a
Constitution for the future State of Kansas. It becomes us, then, to make
a Constitution for the people of Kansas, and we can't shift the respon-
sibility. Don't let us come up with a few square acres. If you have no
better arguments than you have advanced here against increasing our
area, hide them. Let us have some real objection, if you have got any.
It won't do to tell the people in the south part of Kansas, that you were
afraid. This won't satisfy the wants of the people five years from now.
Look at it in all its bearings, and act upon it as men commissioned from
on high to perform a great, solemn duty. I thank you, gentlemen.
[*168] Mr. Burnett. Mr. Chairman, I do not in*tend to weary the
Convention, although I deem this subject of great magnitude. Although
I can't appreciate the logic of the gentleman, (and I should beg his pardon,
perhaps, for not doing so), yet I think we have good reasops why we
object to this measure at the present time. I hail from Bourbon county,
and when I stand up here I shall endeavor to give some reasons that I
have for objecting to this measure as a representative of Bourbon county.
Now, gentlemen, the people of Bourbon county deem it to be of the
greatest importance that we shall first obtain admission into the Union.
The government saw fit in the organic act to establish the boundaries of
Kansas, and gentlemen, for one I am willing to seek admission into this
Union first under the boundaries prescribed by that act, and any mutila-
tion would only have a tendency to distract and divide the people in this
matter. I think one object of these gentlemen, in lumbering up the
Constitution with all these side issues, is to so chstract the people as that
they will vote against the Constitution; and then the ends of certain
partisan interests will be answered. I do not say this is the object of men
upon this floor, but I do say there are interests at work, and perhaps
these influences have been brought to bear upon most of the delegates in
this Convention, in order to bring about the defeat of our admission as a
State. We want the plain, naked issue presented to us, in respect to our
admission as a State under our present boundaries — and we want no side
issues to enter into the question. What is the nature of this question of
boundary lines? What is its natural effect? We know there can be noth-
ing in the world so well calculated to divide the people as questions of this
character. How often it is that sections of country are divided up by
sectional considerations! There can be no question sprung upon these
people better calculated to divide the people than this question of the
annexation of a part of Nebraska.

• It has been claimed that this is a Republican measure; but I don't
wish to treat the question in that view. In the light of a partisan, no
less than as a representative from Southern Kansas, a section of country
that has been almost wholly unrepresented in the legislati\"e bodies of the
Territory, I think I have a right to say a word on this subject. This is
the first deliberative body in which Southern Kansas has ever had a repre-
sentative. No sooner have we obtained a representation here than a ques-
tion is agitated which is to determine for the future, whether we shall have
any influence in deliberative bodies in the future. We understand that
questions of great importance will come up. If we come in as a State,
we may have the good luck to have the question of a railroad grant to
dispose of. We have a right to look at it from a local point of view, and
I would ask if it would not be natural for a sectional feeling to influence
the disposition of grants of land for railroads? And we desire to look
well to the future influence of Southern Kansas. Gentlemen, all that I

260 CoxvEXTiox Proceedings and Debates.

ask is, that we seek admission under our present boundaries. We are
satisfied with them at the present time; and after we have once obtained
admission into the Union, if the general good requires the admission of this
portion of territory, I see nothing in the world to prevent it. The gentle-
man from Riley (Mr. Houston) appears to be favorable to railroads.
He thinks that to extend our western boundary to the twenty-third me-
ridian, that marginal line forever cuts off all commerce ^^^th the western
region. He talks also about his wheat, about aorricultural products, and
asks gentlemen if they would like to have the gold regions cut off so that
he could not sell his wheat! There is logic in this! When the gentleman
gets out there with his wheat, he runs butt up against this imaginary
line, and has to turn about and bring back his agricultural products to
Manhattan for a market! Suffice it to say, I think the gentleman's logic
will not have very much effect upon the minds of gentlemen of this Con-
vention. I do not wish to take up the time of the Convention. I think
[*169] *we ought to come to a determination to-day. We ought to go
home by the close of another week, and I feel aiLxious to come to a con-
clusion immediately.

Mr. Thacher. ]\Ir. Chairman, I suggest that we rise at a quarter to
six o'clock, and close this debate.

Mr. Wriglet. I move that the committee rise now and report progress.

Mr. Graham. I move to lay the motion on the table.

Mr. Wrigley. (Soto voce.) I thank the gentleman for his courtesy.

The motion was laid on the table upon a division — affirmative 22, nega-
tive 16.

Mr. Houston. Mr. Chairman, I have been indulged more than my
time, but I must say that I think the suggestion of the gentleman from
Douglas (Mr. Thacher) looks like curtai'ing debate. I think it but cour-
teous that every gentleman should have a chance to speak upon this
question.

Mr. J. Blood. Mr. Chairman, I think gentlemen have got through.
I don't suppose they are disposed to debate further on the opposite side;
and I am anxious to close this debate as soon as we can. If we can get
through with it to-day I think it would be better, so as to be able to
take up some other business on Monday. For this reason I favor the
proposition.

Mr. Foster. Mr. Chairman, it seems to me that this is another gag
rule. I have no desire to make any remarks this afternoon, but I know
of several gentlemen who are anxious to speak. Gentlemen have gone cm
time farther than the rule of the gentleman from Osage (Mr. Winchell)
permitted; and I think we should let the discussion extend to the ad-
journment.

Mr. Thacher. The only object is to get through some time. I propose
that we let you discuss it to your heart's content till a quarter before six.

Mr. Foster. I move to lay it on the table.

This motion was lost on a division — affirmative 16, negative 20.

Mr. Thacher. Mr. Chairman, I think the charge of "gag," upon as
liberal a majority as we have here, is one most unnecessary and untrenerous.
I have never heard of so decided a majority extending, as we do, every
courtesy to so small a minority. We stand in relation to the other side
about two to one every time.

Mr. Foster. I submit to the gentleman that the charge of gag rule

Saturday, July 16, 1859. 261

came from his own side of the house. The gentleman from Anderson
(Mr. Blunt) was the first man to make the suggestion.

Mr. Thacher. The gentleman from Doniphan (Mr. Wrigley) said it
was a gag law made for the benefit of ignorance and imbecility.

Mr. Wrigley. Mr. Chairman, I desire to say that that remark was
made some time ago, but after the suggestion of the gentleman from
Anderson. I certainly have been disposed to extend to gentlemen on the
other side of the house every courtesy. I have been disposed to conduct
myself with decorum in this house, and to treat the majority with all the
courtesy which I was capable of extending. It has occurred to me that
the majority of this Convention cannot claim that they have been dis-
posed to treat us in the same manner. It has occurred to me, that on
.several occasions, they have been disposed to put on this gag rule. They
have adopted a fifteen minute rule in the Convention, and to-day, in com-
mittee, they dropped to ten minutes. I am not very familiar with parha-
mentary bodies, and have taken no prominent part in the proceedings of
this Convention, but I believe gentlemen would find it a difficult matter
to find where a majority has ever ruled a minority to ten minutes in com-
mittee of the whole.

Mr. Thacher. I would call attention to the 40th rule. There can be
but one question before the committee. "All questions relating to the
priority of business shall be decided without debate."
[*170] The Chairman. The chair understands that *there is but one
question before the committee, and that unless objection is made, the
permission of the chair will be given to any other gentleman who desires
to speak.

Mr. Graham. I would ask what the question is?
The Chairi\l\x. The question is upon the motion of the gentleman
from Douglas (Mr. Thacher).
Mr. Thacher. I withdraw it.
The Chairman. There is no question before the committee.

Mr. Wrigley. Mr. Chairman, I move that the committee rise, report
])rogress and ask leave to sit again.

The motion was agreed to.

The committee accordingly rose, and the chairman reported accord-
ingly.

Mr. Thacher. ISIr. President, I move that leave be not granted to
the committee of the whole to sit again on this question.

Upon this motion the yeas and nays were demanded, and being ordered
and taken, resulted — yeas 25, nays 19 — as follows:

Yeas — Messrs. Burnett, Burris, J. Blood, Crocker, Dutton, Graham,
Greer, Griffith, Hutchinson, Hanway, Hoffman, Ingalls, Kingman, Lillie,
Lamb, McCullough, Preston, Ritchie, Ross, Signor, Stokes, Simpson,
Thacher, Townsend, Williams — 25.

Nays — Messrs. Arthur, Blunt, Barton, Foster, Forman, Hubbard,
Houston, Middleton, Moore, McDowell, McCune, McClelland. Palmer,
Parks, Stinson, Stiarwalt, J. Wright, Wrigley, T. S. Wright— 19.

So the motion was agreed to.

Mr. Stinson. Mr. President, I move the Convention do now adjourn.

The motion was rejected, on a division — affirmative 18, negative 21.

262 Convention Proceedings and Debates.

Mr. Stinson. Mr. President, I move that the question now under dis-
cussion be postponed till Monday next; and in support of this motion I
have to offer a few remarks. The question under discussion is one of the
greatest magnitude that has yet been presented to this Convention, and
one which requires the most mature and deliberate action on the part of
every member of this Convention. As 1 understand the question, it is
this: whether or not we shall cut off from Kansas a portion of territory
lying west from us, and thus diminish the present territorial limits when
we come into the Union as a State. I deny the right of this Convention
to do any such thing; and I ask whether you stand here as representatives
of different sections of the country, or are you here as representatives of
the Territory of Kansas?

The President. The gentleman will address himself to the Chair.

Mr. Stinson. Mr. President, I say this Convention represents the
Territory of Kansas; and the members of it are not simply the repre-
sentatives of Douglas, Shawnee or Leavenworth, in the separate interests
of these counties, but are to represent not only the interests of their coun-
ties, but both their interests and the interests at large of the Territory of
Kansas. I say this portion of Kansas proposed to be cut off is as much
part of the country which you represent as the one upon which we are now
convened to frame a constitution for the people of the future State of
Kansas. Are not the citizens of that country to vote for or against this
constitution? Will not the people beyond Fort Riley have the same right
to vote as your own constituents, upon this question? And do you sup-
pose they will agree to your construction of a constitution in which they
can have no interests? I say this Convention has seen fit to bind itself by
law, and when we have stood up here and demanded justice and equity
upon behalf of our western territory, we have been met with arguments to
cut it off. I ask you to abide by the bond which you have written for us.
You must stand up well to what you have so strongly held us. For what
purpose were you called here? — to frame a constitution for a certain por-
tion of the State of Kansas? Would that be consistent with the oath of
office which all the members of this Constitution [Convention?] have
[*171] taken *upon themselves? It binds them to no such thing. The
present convention came here to frame what? A constitution for the present
Territory of Kansas — a constitution, rather, under which the present Terri-
tory shall come into the Union as the State of Kansas. And do gentlemen
stand here and say that under the law calling us together, they have a right
to cut off a portion of this Territory, because, perchance, there is no dele-
gate here from Minneola and Mantano, standing upon this floor to defend
the rights of their constituents? Do gentlemen claim that it is our right to
say where that line shall be? 1 tell gentlemen that there is one thing
above all others which binds us, and that is the duty to act for the pres-
ent Territory of Kansas. We are not a State yet; we are a Territory; and
you stand here the representatives of that Territory. And further, gentle-
men, allowing that you have the right — that it is your high privilege to
dissever this Territory — I ask you, is it politic? For what purposes would
you dismember the Territory? I know not how many square miles — two or
three hundred miles wide and two hundred and ten miles long, is to be cut
off. What will you say to your constituents? What argument, will you
tell them, induced you to dissever the richest gold fields ever discovered?
I have got to hear the first argument adduced in favor of this projiosition.
I have heard gentlemen talk about Pcpublicanism and Democracy; but 1
ask this Convention what has Republicanism or Democracy to do with

Saturday, July 16, 1859. 263

this question of boundary? I say that when members of this Convention
come here and seek to bind us by party lines, they are stepping outside of
the record. I don't claim, in ordinary matters, to be any more above
partisan considerations than other men — I am a Democrat, and proud
to proclaim it here. But when I come to resist the measure of cutting; off
this territory, I do not do it as a Democrat but as a representative of the
people of Kansas, and as a man whose duty it is to represent the true in-
terests of that people. Now, gentlemen, suppose you cut this off, what do
you gain by it? When all agree that the convenience of parties —

The PREsmENT. The gentleman will confine his remarks to the question.

Mr. Stinson. I design to go on to show the political bearing and then
proceed —

The President. Unless the gentleman confines his remarks to the
question, the Chair is forced to rule the gentleman out of order.

Mr. Stinson. Having been thus ruled out of order, there is one further
proposition I desire to lay before the Convention, and that is this: You
say you are fighting this proposition as a party; that it is a party measure,
because it is going to build up the Democratic party. I tell you, gentle-
men, make the limits where you please, and the Democratic party will go
before the people of this Territory and throw it into the teeth of the Re-
publican party —

The President. The s"entVman is out of order. He should confine his
remarks to the question of postponement.

Mr. Stinson. I was about to proceed to that subject after illustrating
my general considerations sufficiently on the western boundary question.

The President. The gentleman must speak to the question.

Mr. Stinson. Then, Mr. President, ha\dng somewhat briefly illus-
trated the importance of the questions now under consideration — yielding
always to the decisiops of those in authoritv, I propose to advance some
few reasons for postponing the matter till Monday. Mr. President, as I
was about to remark — the clock is warning us that we have but fifteen
minutes to spare. Under these circumstances, and with but fifteen minutes
to discuss a measure of so much importance — with this important question
before us, gentlemen come here and seek to divide up our territory, and
make us discuss a question involving millions of square miles of territory
in fifteen minutes! It is impossible that justice could be done to this
[*172] question in *that short space of time. Having urged the impor-
tance of this question (as I believe with some force) the necessity of post-
ponement must be apparent. I ask members to extend to us the courtesy
we claim. But I was about remarking, gentlemen, upon the utter impossi-
bi'ity of discussing a qrestion here in^•oh•ing the boundaries of this Terri-
tory— the most important question which has been raised here this session
— in fifteen minutes! Yes, it is now but twelve minutes! You know. sir.
that it cannot be done to-dav The gentleman from Riley (Mr. Houston)
in making a few brief remarks submitted by him, was compelled to have
the time extended twice — the last time for thirty minutes.

Mr. Blunt. In order to obviate this difficulty, as gentlemen claim
they have not time to discuss this question before the hour for adjourn-
ment, I move that the rule for adjournment at sLx o'clock be suspended
for to-day.

The motion was agreed to, on a division — affirmative 24, negative 10.

Mr. Stinson. I move that the Convention do now adjourn.

264 Convention Proceedings and Debates.

The motion was rejected.

Mr. Stinson. Mr. President, I move the reference of the subject under
consideration to a special committee of three.

Mr. Graham. I move to lay it on the table.

Upon this motion the yeas and nays were demanded, and being ordered
and taken resulted — yeas 25, nays 18 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, J. Blood, Crocker, Button,
Graham, Griffith, Hanv/ay, Hutchinson, Hoffman, Ingalls, Kingman, Lillie,
McCullough, Preston, Ritchie, Ross, Signor, Stokes, Simpson, Thaoher,
Townsend, Williams, Burris — 25.

Nays — Messrs. Barton, Foster, Forman, Greer, Hubbard, Houston, Mid-
dleton, Moore, McDowell, McCune, McClelland, Palmer, Parks, Stinson,
Stiarwalt, J. Wright, Wrigley, T. S. Wright— 18.

So the motion of reference was laid on the table.

Mr. Thacher. Mr. President, I move that the Preamble adopted in
committee of the whole, and also the boundary question, as set forth in
the report of the committee on Preamble and Bill of Rights, with the
amendment striking out "twenty-fifth parallel" and inserting "twenty-
third meridian" be adopted. And upon that I call the previous question.

The demand was seconded on a division — affirmative 25, negative 16.

Mr. Wrigley. We would like to get the eye of the Chair on this side
of the House.

The President. The Chair has uniformly manifested even partiality
towards the gentlemen on the Democratic side of the House. He does not
desire to hear any insinuations to the contrary, considering them ungen-
erous and discourteous. The Clerk will read the Preamble.

The Preamble and amendments having been read —

Mr. Thacher's motion was agreed to, on a division — affirmative 25,
negative 13.

Mr. Kingman. Mr. President, I move to reconsider that vote, and I
move again to lay that motion on the table.

Mr. Stinson. I desire to be heard one moment upon this question.

Mr. Kingman. The gentleman is out of order.

Mr. Stinson. I ask the leave of the Convention to be heard.

Mr. Kingman. I rise to a point of order.

The President. The gentleman is not in order. The motion to lay on
the table would i)reclude the gentleman from speaking, if the previous
question did not.

The yeas and nays were demanded, and being ordered and taken re-
sulted— yeas 26, nays 18 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, Crocker, Dut-
lon, Graham, Greer, Griffith, Hanway, Hoffman, Ingalls, Kingman, Lillie,
McCullough, Preston, Ross, Ritchie, Signor, Stokes, Simpson, Thacher,
Townsend, Williams, Mr. President — 26.

[*173] *Nays— Messrs. Barton, Foster, Forman, Hubbard, Hutchinson,
Houston, Middleton, Moore, McDowell, McCune, McClelland, Palmer,
Parks, Stinson, Stiarwalt, Wrigley, J. Wright, T. S. Wright— 18.

So the latter motion of Mr. Kingman was agreed to.

And then, on the motion of Mr. Thacher, the Convention adjourned
till Monday morning at 8 o'clock.

Monday, July 18, 1859. 265

Monday, July 18, 1859.
The Convention met at 9 o'clock, a. m.
Prayer by the Chaplain.

The absentees on roll-call were Messrs. Brown, Burris, Greer, Griffith,
Hutchinson, Ingalls, Lillie, May, Perry, Ritchie, Stinson, and Wrigley.
The journal of Saturday was read and authenticated.

THE WYANDOTTE REPRESENTATION.

Mr. McDowell. Mr. President, Mr. J. E. Bennet, one of the members
of this body from Wyandotte county, is present, and as a matter of privi-
lege desires to address this Convention.

The PREsmENT. The Chair is scarcely of opinion that the application
could be regarded as a point of privilege in any strict acceptation of the
term. But unless some member objects, he will permit Dr. Bennet to
proceed.

Dr. Bennet commenced his address by adverting to his knowledge of
the proceedings of the Convention in the case of the Wyandotte delegation
through these reports— his purpose to decline the tender of an honorary
seat, and to offer his reasons for so doing; and knowing, as he assumed,
that the large Republican majority in the Convention decided the ques-
tions upon partisan principles, it would have been useless for him to spend
breath in talking to a set of men who were proceeding upon the principle
of deciding how they would vote in a given case, in advance of any knowl-
edge of the facts.

Mr. Ross (interrupting). Mr President, I rise to a point of order. It
is a personality — a reflection on the majority of the Convention, for the
gentleman to charge them with prejudging his case — deciding it in advance
of any knowledge of the facts

The PREsmENT. The Chair understands the position of the gentleman
from Wyandotte, occupying the floor at this time, as being an act of
courtesy on the part of the Convention; and that it is competent for any
member of the Convention to object to the floor being thus occupied out
of order, and to the exclusion of the regular orders of the day. But, as
the Chair has already announced, so long as no member objects, as a
matter of course. Dr. Bennet will be entitled to proceed. At the same time
the Chair is under the necessity of requesting the gentleman from Wyan-
dotte to so shape his remarks as not to become subject to the objection
of members.

Mr. Slough. Mr. President, I would like to hear the rule read which
admits the Wyandotte members.

The President. The gentleman rises under a privilege of the floor, by
unanimous consent. The question has no connection with that resolution.

Mr. Thacher. Mr. President, I understand that the gentleman from
Wyandotte rises here in virtue of the honorary seat which has been ten-
dered to him, and that his rising here is a virtual acceptance of the honorary
seat. I know that any member has the right to resign, but, of course, he
.■^done is responsible for the act.

The President. The gentleman is correct. The gentleman from Wy-
andotte comes in under the resolution giving an honorary seat, which he
thereby accepts. It is also true that he may vacate or resign it at any
time.

266 Convention Proceedings and Debates.

Mr. Stinson. I would inquire whether it is not competent for the
gentleman from Wyandotte to state his reasons for his resignation.

The President. After the regular order of business shall have been
gone through, it might then be competent and in order for the gentleman
[*174] to make his statement. But he proposes *to make it now out of
order, and is a question of privilege entirely.

Mr. Graham. I object to the gentleman proceeding out of order.

Mr. Slough. I take it, that the rules of this Convention mav be sus-
pended by the acquiescence of this body, without a formal motion for a
suspension. The rules prescribe a certain order of business each day.
That order, by a unanimous consent, has been varied to give the gentle-
man from Wyandotte an opportunity to make a statement ; and no gentle-
man has now a right to object to his right to proceed, unless his language
is insulting to the House. Then he should be called to order, and confined
to the terms of legitimate discussion. But it seems to me now too late for
any member to object to his mere occupancy of the floor.

The President. In the opinion of the Chair the gentleman from Leav-
enworth is correct. Objections should have been made at the time the
consent was granted. The gentleman from Wyandotte will proceed.

Mr. Bennet proceeded with his statement, and closed by presenting a
paper signed by himself and Dr. Welborn, the other honorary member
elected from Wyandotte county, protesting against the action of the Con-
vention in the case of the Wyandotte representation, and declining to ac-
cept honorary seats — which was read.

Mr. Kingman remarked that though this subject was out of order, and
did not call for discussion, he desired to say a word in the matter. It
should be considered that this body had given its business into the hands
of standing committees, and he supposed that, whenever the action of any
of these committees became distasteful, or whenever the committee became
unfaithful, its functions might be taken away. But while the committee
retained its functions every attack made upon its action must be regarded
as personal in its character. There was one thing he wished to state, here
and now, and which he thought it became him to state, because of his con-
nection with the committee whose action had been just called in question.
The statement presented, and the remarks of the gentleman with regard to
the action and report of the committee and the proceedings of the Conven-
tion in the Wyandotte case, were entirely false — false in whole and in part —
in every word and statement, from the beginning to end. They were
based upon a misunderstanding and a misconstruction of the case, and
were false in part, and false in whole, on all the premises.

The President. What shall be done with the protest?

Mr. Stinson. I move that it be entered on the journal. (There was no
second to this motion).

Mr. Thacher. I move that the remarks of the gentleman from Wyan-
dotte, and the protest submitted, be rejected from the record, as scurrilous
and false.

Mr. Stinson. I move to lay the motion of the gentleman from Douglas
on the table.

Mr. Slough. I second the motion, and demand the yeas and nays.

The yeas and nays being ordered and taken resulted, yeas 16, nays 33 —
as follows:

Monday, July 18, 1859. 267

Yeas — I\^essrs. Barton, Foster, Forman, Hippie, Hubbard, Moore, Mc-
Dowell, McCune, McClelland, Palmer, Parks, Slough, Stinson, Stiarwalt,
J. Wright, Wrigley — 16.

Nays — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Button, Graham, Greer, Griffith, Hutchinson, Hanway, HofYman,
Houston, Ingalls, Kingman, Lillie, Lamb, Middleton, McCuUough, Preston,
Porter, Ritchie, Ross, Sisnor, Stokes, Simpson, Thacher, Townsend, T. S.
Wright, Williams, Mr. President— 33.

So the Convention refused to lay on the table, and the cjuestion recurred
upon the motion to reject.

Mr. Stinson. I would like to know what has become of the motion pre-
vious to that of the gentleman from Douglas.

The PREsmENT. The gentleman made no motion which was recorded.

Mr. Stinson. I desire to offer but a few remarks in relation to the
[*175] action v/hich the Con*vention seems to be disposed to take. I
claim for these parties the sacred right of protest; and they have a clear
right to enter upon the journal their dissent, and their reasons for dis-
senting from the action of an arbitrary majority. And when these gentle-
men from Wyandotte come in here and resign, it is their sacred right, which
only despotism can take away from them, to put their reasons for that
course upon the journal of the Convention. Deeming this position to be
correct, and knowing that no legislative body has ever denied this right, I
ask the members of this Convention, whether a protest, clear in its terms
and respectable in its tone, is to be denied admission to the journal, simply
because it is presented here by gentlemen who hold political opinions dif-
ferent from the majority?

As a partisan, sir, I could hardlv desire anything better for my party
than that every man here, who is disposed to refuse this right, should put
himself upon the record against it; and upon that, and various other
records which have been made in this Convention, as a Democrat, I could
go before the people of this Territory with the highest confidence and be
sustained. As a partisan 1 could desire no better act on record — no better
campaign document, than the record of this same refusal you are about to
make. But as a citizen of Kansas, and a representative of the people, I
stand here to enter my solemn protest against this motion to reject. As a
member of the Convention, whose acts I desire should be approved, I ask
you, sir, not to deny the right of protest to these gentlemen from Wyan-
dotte. It is a right which cannot be refused without a despotic denial of
the rights of man.

Mr. Slough. I understand this motion to be a motion not only to
reject the protest offered by the gentleman from Wyandotte resi ning
his seat, but that it is also a motion to reject from the record the remarks
made by that gentleman.

The President. That is the understanding of the Chair.

Mr. Slough. Well, sir, I take a different position. It is this: while the
Convention may have the right to reject the protest, they can have no
right to reject the remarks of the gentleman. This has become a master
of record, if the Reporter has done his duty ; and there is no way in which
the object of this m.otion can be reached but by a motion to suspend the
order for the employment of a Reporter. The motion, if adopted, cannot
properly and legitimately reach the case of the remarks, while it may
reach the protest. It seems to me that gentlemen who ha\-e voted against
laying on the table this motion, are placing themselves in a strange attitude

268 Convention Proceedings and Debates.

before the country. It is this: that while, without a dissenting voice it
has been provided in one of the sections of the Legislative article of this
Constitution, that every member of the Legislature of the State of Kansas
shall have the right, if he choose to avail himself of it, to enter upon the
journal his protest against any legislative action, these gentlemen now pro-
pose to violate that principle, and by this motion prevent these gentlemen
from doing the same thing! If the motion the gentleman has made is
true — that the matter of the remarks and protest are "scurrilous and
false," the complete report made by the Reporter will show this to be the
case, and the Convention will not be censured. If, however, that should
not be the case, and if the remarks and the protest tell the truth, they
place themselves in an attitude that I would not Uke to be placed in. Sir,
if this protest be true, there is no justification for the attempt to prevent
this record from being made complete. If false, and you suppress it, your
own partisan record will he made only the more complete. Then why
-.exclude these remarks of Dr. Bennet, and give occasion for the charge
that you have suppressed that which would expose the unfairness of your
act? for it would carry that on its face.

Mr. Blunt. I wish to make a statement of the reasons, which induce
[*176] me to vote for the *motion of the gentleman from Douglas. On
a former occasion, when we had this matter under consideration, and ex-
tended to these gentlemen from Wyandotte all the privilege in the province
of the body to extend- — that of a hearing before the Committee on Cre-
dentials— it was contemptuously refused. And when the privilege of hon-
orary seats on this floor was extended to them by the passasie of the reso-
lution offered by the gentleman from Bourbon (Mr. Griffith) that exten-
.sion of courtesy was opposed by Dr. Bennet's friends on the other side of
the House. When this was done, I supposed that we should receive no
further annoyance from this source. But I find I was mistaken, and I
find the gentleman who refused these courtesies, and all the privileges
which could be legitimately extended to him, comes in here this morning —
not for the purpose of exercising the privilege extended to him — the privi-
lege of speaking on all subjects connected with the interests of h's con-
stituents— but merely for the purpose of making his reasons why he re-
fused to accept those privileges, and going into a lengthy harangue against
the Republican party, making statements utterly false, in language scur-
rilous and indecent in tone, and declamatory in character against the ma-
jority of this Convention — and then asking that such remarks and such a
protest shall go into the published proceedings and debates of this Con-
vention. Sir, I feel that that is asking a little too much. I think it is
askins a little too much of this Convention, after the manner in which
they have been treated — after the courtesies which have been extended to
them and which have been rejected and scorned — to come in here under
the plea of privilege to make a statement, and then to ask that the politif^al
harangue thus delivered and composed of all the vile epithets known to the
Democratic vocabulary, should go into the published proceediuTS of the
Convention! On a former occasion I was one of the few members on this
side of the House voting in favor of spreading upon the journal the pro-
test offered by the gentlerran on the other side against the proceedings in
the Wyandotte case. I thought it proper that they should have this privi-
lege. But I am not in favor of admitting a gentleman, who, having re-
jected the courtesies of the Convention, comes in abusing the majority of
the body in the most scurrilous manner, to have the matter of his speech
and protest go upon the records of the Convention. Consequently, I shall
vote to reject the whole.

Monday, July 18, 1859. 269

Mr. Wrigley. Mr. President, I move an amendment to the motion
of the gentleman from Douglas, adding these words: "and also, that the
remarks of the gentleman from Brown be rejected, for the same reason."'

Mr. Kingman. Do you say these remarks were false, sir? — false!

The PnEsmENT (using the hammer). The remarks of the gentleman
from Brown are not under consideration.

Mr. Slough demanded the yeas and nays on the question of the adop-
tion of Mr. Thacher's motion, and the same being ordered and taken, the
vote stood — yeas 33, nays 16 — as follows:

Ayes — Messrs. Arthur, Burnett, Blunt, Burris. J. Blood, N. C. Blood,
Crocker, DuttOn, Graham, Greer, Griffith, Hutchinson, Hanway, Hoffman,
Houston, Ingalls, Kingman, Lillie, Lamb, Middleton, McCullough, Preston,
Porter, Ritchie, Ross, Signor, Stokes, Simpson, Thacher, Townsend, T. S.
Wright, Williams, Mr. President— 33.

Nays — Messrs. Brown, Barton, Foster, Forman, Hippie, Hubbard, May,
Moore, McDowell, McCune, McClelland, Palmer, Perry, Parks, Slough,
Stinson, Stiarwalt, J. Wright, Wrigley — 16.

So the motion was adopted, and the speech and protest were thrown
out of the record.

LEAVE OF ABSENCE.

Mr. Ingalls. Mr. President, my colleague, Mr. May of Atchison, is
laboring under severe indisposition, and will not be able to attend in the
[*177] hall for a number of days, and I *desire to ask leave of absence
for him for ten days, or until his health shall permit him to resume his
seat on this floor.

The leave was granted accordingly.

ELECTORS AND ELECTIONS.

Mr. Townsend, from the committee on Electors and Elections, sub-
mitted the following in print:

elections.

"Section 1. All elections by the people shall be [by?] ballot, and all
elections by the Legislature shall be viva voce.

2d. The general elections shall be held annually on the first Tuesday
in October, except township and municipal elections, which shall be held
on the first Tuesday in April annually — until otherwise provided by law.

SUFFRAGE.

Section 1. Every white male person of twenty-one years and upwards
belonging to either of the following classes— who shall have resided in
Kansas six months next preceding any election, and in the township or
ward in which he offers to vote at least ten days preceding such election,
shall be deemed a qualified elector at such elections:

1st. Citizens of the United States; 2d. Persons of foreign birth who
shall have declared their intention to become citizens conformably to the
laws of the United States on the subject of naturalization, and shall have
resided in the United States one year next preceding any election.

2d. No person under guardianship, non compos mentis or insane, shall
be qualified to vote at any election, nor shall any person convicted of
treason or felony be qualified to vote at any election, unless restored to
civil rights.

3d. No soldier, seaman or marine in the army or navy of the United

270 Convention Proceedings and Debates.

States or of their allies, shall be deemed to have acquired a residence in
this State in consequence of being stationed within the same, nor shall any
such soldier, seaman or marine have the right to vote.

4th. No person shall be deemed to have lost his residence in this State
by reason of his absence either on business of this State or of the United
States.

5th. Every person shall be disqualified from holding office during the
term for which he may have been elected, who shall have given or offered
a bribe to procure his election.

6th. Every person who shall give or accept a challenge to fight a duel,
or who shall knowingly carry to another person such challenge, or who
shall go out of this State to fight a duel, shall be ineligible to any office
of trust or profit in this State.

7th. Electors, during their attendance at elections, and in going to and
returning therefrom, shall be privileged from arrest in all cases except
treason, felony, or breach of the peace.

AMENDMENTS AND MISCELLANEOUS.

]^Ir. Houston, from the committee on Amendments and Miscellaneous,
submitted the following report, in print:

AMENDMENTS.

Section 1. Propositions for the amendment of this Constitution may
be made by either branch of the Legislature; and if two-thirds of all the
members elected to each House shall concur therein, such proposed amend-
ments shall be entered on the journal, with the ayes and noes; and the
Secretary of State shall cause the same to be published in at least one
newspaper in each county in the State where a newspaper is published,
for three months preceding the next election for Senators and Representa-
tives, at which time the same shall be submitted to the electors, for their
approval or rejection, and if a majority of the electors voting on said
amendments, at said election, shall adopt such amendments, the same
shall become a part of the Constitution. When more than one amend-
ment shall be submitted at the same time, they shall be so submitted as to
[*178j enable *the electors to vote on each amendment separately, but
not more than three propositions to amend shall be submitted at the same
election.

2d. Whenever two-thirds of the members elected to each branch of the
Legislature shall think it necessary to call a Convention to revise, amend
or change this Constitution, they shall recommend to the electors to vote
at the next election of members to the Legislature, for or against a Con-
vention; and if a majority of all the electors voting at said election shall
have voted for a Convention, the Legislature shall, at the nex-t session,
provide the law for calling the same.

MISCELLANEOUS.

A homestead of one hundred and sixty acres of land, or in lieu thereof
a house and lot not exceeding in value two thousand dollars, or in lieu
thereof, real, personal or mixed property to an amount not exceeding two
thousand dollars, belonging to any one family, shall by law be exempted
from forced sale under any process of law; and shall not be alienated
without the just consent of husband and wife, in cases where that relation
exists; but no property shall be exempt from sale for taxes or for the

Monday, July 18, 1859. 271

payment of obligations contracted for the purchase of said premises, or for
the erection of buildings thereon."

BILL OF RIGHTS.

The President. The next thing in order is the resumption of the con-
sideration of the report of the committee on the Preamble and Bill of
Rights.

Mr. Wrigley made an ineffectual motion to go into committee of the
whole on that subject.

On the motion of Mr. Thacher, said report was taken up, and the Sec-
retary read the first section of the bill of rights, as follows: (The report
of this article is printed in the proceedings of last Friday, July 15th.)

"Section 1. All men are by nature equally free and independent, and
have certain inalienable rights, among which are those of enjoying and de-
fending their hves and liberties, acquiring, possessing and protecting prop-
erty, and of seeking and obtaining happiness and safety, and the right of
all men to the control of their persons, exists prior to law and is in-
alienable."

Mr. Houston submitted the following by way of substitute for the first
section :

"All men are created free and independent, and are endowed with cer-
tain inalienable rights, among which are hfe, liberty and the acquisition
and possession of property, and the right to our own ])ersons. These
rights exist prior to law."

On motion by Mr. Slough, it was laid on the table.

Mr. Wrigley moved to strike out all after the word "safety."

Mr. Thacher moved to insert, after the words "all men are created
free and equal," these words: "except negroes and mulattoes."

Mr. Thacher. I do this, Mr. President, for the benefit of our friends
on the other side of the house.

The yeas and nays being demanded and ordered thereon, the vote stood
- — yeas 5, noes 44 — as follows:

Ayes — Barton, Foster, Hippie, McDowell, McCune — 5.

N.A.YS — Messrs. Arthur, Burnett, Blunt, Brown, Burris, J. Blood, N. C.
Blood, Crocker, Button, Forman, Graham, Greer, Griffith, Hubbard,
Hutchinson, Hanway, Hoffman, Houston, Incalls, Kingman, Lillie, Lamb,
Middleton, Moore, McClelland, McCullough, Preston, Palmer. Parks,
Porter, Ritchie, Ross, Signor, Slough, Stinson, Stiarwalt, Stokes, Simp.'jon,
Thacher, Townsend, J. Wright, Wrigley, T. S. Wright, WiUiams, Mr.
President — i4.

So the amendment was rejected.

On motion of Mr. Houston, the motion of Mr. Wrigley was laid upon
the table by the following vote:

Ayes — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
[*179] Crocker, Button, Graham, Greer, Griffith, Hutchinson, *Hnn-
way, Hoffman, Houston, Ingalls, Kingman, Lillie, Lamb, Middleton, Mc-
Cullough, Preston, Palmer, Ritchie, Ross, Signor, Stokes, Simpson,
Thacher, Townsend, T. S. Wright, Williams— 33. "

Nays — Messrs. Barton, Foster, Forman, Hippie, Hubbard, Moore, Mc-
Bowell, McCune, McClelland, Parks, Porter, Slough, Stinson, Stiarwalt,
J. Wright, Wrigley — 16.

272 Convention Puoceedings and Debates.

Mr. McDowell. I desire to offer a substitute for the whole section.
It is from the Ohio Constitution, and if the Convention please I will
read it:

"Section 1. All men are, by nature, free and independent, and have
certain inalienable rights, among which are those of enjoying and defend-
• ing life and liberty, acquiring, possessing, and protecting property, and
seeking and obtaining happiness and safety."

That section, sir, was prepared with great care, by a body of ver>-
able men.

Mr. Thacher. It is exactly the same section proposed by the gentle-
man from Riley, upon which the Convention refused to strike out and in-
sert. Is it not the same matter?

Mr. McDowell. The impression is, that it is not.

The President. The Chair noticed one or two verbal discrepancies,
not affecting the sense, and will be compelled to rule it out of order.

Mr. Tha€her. Mr. President, I rise to make a motion to obviate one
of the troubles which our friends on the other side are constantly getting
into. It is this: I would have inserted in the 32d line, after the words,
"and the right of all men to the control of their persons," these words:
"except persons of color."

Mr. McDowEi-L. I think the language of this section is an enunciation
of the higher law principle, that "the control of a man's person is above
and prior to all law and inalienable." It is a provision I do not want to
see go into any Constitution which we shall adopt; for if this doctrine is
correct, you cannot make a man amenable to any criminal law. I admit
the kindness and magnanimity of the gentleman from Douglas (Mr.
Thacher), but by what right he constitutes himself guardian of this side
of the House I am not able to understand. I trust that we are still able
to appreciate our position — to attend to the business we are about, and
discharge the duties devolved upon us by our constituents. We are still
able to make such amendments and such substitutes as we think best. I
voted a few moments ago for a proposition by that gentleman, not be-
cause it met the approval of my judgment as a proposition in the ab-
stract, but because of the taunting manner in which he tendered it. Now,
I propose that this sort of thing shall not go on, and will tell the gentleman
that if he will simply attend to the wishes of his constituents, he will be a
little better filling his position here, than by attempting to act as guardian
for this side of the House.

Mr. Thacher. Mr. President, the principle I have enunciated here is
what gentlemen on the other side have voted for several times. And sev-
eral of those gentlemen have thrust it into our faces how they were de-
termined to put us upon the record, and now I am determined to bring
them upon the record. My point is the inhumanity of the proposition.
I wish to bring it before the body in all its naked deformity.

Mr. Greer. I am opposed to crimination and recrimination. I caimot
sympathize with the disposition manifested by the majority as well as the
minority to raise this political discussion. I ajiprehend that we have not
come here for the purpose of criminating and recriminating each other. We
are here, sir, to make a Constitution, without attempting to make capital
out of the question of "niggerism," which so easily looms up in almost ever>'
proposition. I shall vote against the proposition of the gentleman from
Douglas, not l)ecau.«c I do not think the negroes and mulattoes are not free

Monday, July 18, 1859. 27;-;

[*180] and equal, but because *it does not follow, that because they are
free and equal, therefore the white man shall hug them to his bosom, or
that white people shall be thereby compelled to admit them to all the
social and political privileges of civil government. Sir, while I am unwilhng
to say, that the negro or mulatto is an inferior being, in any particular, I
am equally unwilling to see the society to which I belong claiming the
right of indiscriminate association between white people and negroes. I
am bound to so represent my constituents in this Convention, as, if pos-
sible, to keep the two races distinct, not only in blood, but also in political
and social privileges. Sir, I do not think that in making, or in voting for
a Constitution that excludes the negro and the mulatto from political and
social privileges, we thereby make a chattel of him, and deny him those
riiihts which belong to him as a distinct race of people — a race of people
that cannot be regarded as fit associates for the social circle of white men.
And, sir, when I hear gentlemen get up here and say they do not want
laws or constitutions to protect them and their children against the conse-
quences growing out of a mixture of races, they make what I call a very
extravagant mistake. I b'elieve that associations govern conduct; and that
whatever looks toward doing away with the prejudice existing between the
two races tends also to their amalgamation. Therefore, I am opposed to
giving the negro and mulatto either the political privileges which we claim
for ourselves, or the social privileges to which every member of the State
ought to be entitled.

On motion by Mr. Foster, the amendment was laid on the table.

Mr. P'osTER (by unanimous consent). Mr. President, I desire here to
state why I voted for the amendment to the seventh section proposed by
the gentleman from Douglas. It was not because it met with my appro-
bation, but simply for the reason given by my friend from Leavenworth
(Mr. McDowell) because it was thrust at us in a taunting manner.

Mr. Ritchie. Mr. President, I desire to give my reasons for voting
for those amendments by the gentleman from Douglas. (Agreed, agreed).
There was a certain declaration made in this country some time ago, to
the effect that "all men are born free and equal, and possess certain in-
alienable rights," and, either by reading that declaration, or by some in-
herent principle, I have allowed no prejudice to remove from my breast
the principles of that declaration. I believe it applies to every human
being, wherever that being is found, and therefore I voted for those amend-
ments.

Mr. WniGLEY offered the following as an additional clause to section 1st :

"Provided that nothing herein contained shall be construed to apply to
any person lawfully held to or owing service under the Constitution of the
United States or the Constitution and Laws of any other State, or to any
person under indictment, or lawfully imder arrest or in custody, or law-
fully imprisoned."

Mr. WuiGLEY. iMr. President, the gentleman from Douglas (Mr.
Thacher) in offering his amendments this morning, attempting to reflect
the position which we take on this side of the iHouse, did not truly reflect
our views. iHis last amendment was to this efi"ect: "And the right of all
men to the control of their persons, except persons of color, exists prior to
law, and is inalienable." The gentleman has asserted that we have taken
that position repeatedly during the sessions of this Convention. Sir, I deny
it. I should have voted against the gentleman's amendment, if it had not

18 — 778

274 Convention Proceedings and Debates.

been laid on the table, because I believe that there are persons of color who
have just as good a right to the control of their persons as any white man.
I do not say that because a man is a negro or a mulatto, therefore he has
[*181] not a right to the control of his *person, or may not have and
enjoy the rights of a free man. The object of the amendment I have
offered to this section is this: I believe that this section, as it now reads,
as remarked by the gentleman from Leavenworth (Mr. McDowell) does
embrace the "higher law" doctrine, and is mischievous in its character. I
believe it was intended to set at defiance, and that it does in fact set at
defiance, the fugitive slave law as a law of the land. I believe it was
especially aimed as a hostile blow at this same law of the land. Now, sir,
I have great respect for the Constitution of the United States; and how-
ever much I might dissent from a principle embraced in any particular law
enacted under that Constitution, and however much I might desire its
amendment or repeal — still, while it is a law, I believe it is the duty of
every citizen to uphold and sustain it. And I believe this section was
brought forward here for the express purpose of setting the fugitive slave
law of the United States at defiance. Let us see how it would operate.
Suppose a fugitive slave to come over into Kansas, owing service as a s'ave
in the State of Missouri. To be true, to carry out this principle, that "the
right of all men to the control of their persons ex'sts prior to law," the
Legislature would have to pass something like a "liberty bill," that should
declare such a person free; that he did not owe service anywhere, and that
he could not be recaptured by the person to whom, by the laws of Missouri,
he is held to service. Sir, I am opposed to the recognition of any such
principle in the Constitution; and I say it is our duty as citizens to obey all
laws, until they become so oppressive as to justify rebellion. It is the duty
of every patriotic citizen to abide by the law, and I desire to see nothing
incorporated into this Constitution which proposes to set law at defiance.
So long as it remains among the statutes, I would abide by its provisions,
until amended or repealed in legit'mate form. But I would not now rise in
rebellion against any law of this land; and I believe this provision is
designed to accomplish that very object. Again, the effect of this pro-
vision is to declare, that no person can forfeit his right to liberty under any
circumstances. It matters not how great a criminal a man may be, or how
lawfully he may have been arrested, retained in custody, or arraitmed
under indictment for a grave offense, you propose to have here an organic
declaration, that this criminal's right to the control of his person is above
all law, prior to all law, and inalienable. Now, sir, I contend, that the right
to the control of a man's person is not above law, prior to law and inalien-
able. He may forfeit that right by the commission of crime — and all must
agree, that, under such circumstances, he may be lawfully held in cus-
tody, and the control of his person rightfully and legally taken away
from him. Adopt this declaration here, and at once you aboMsh the
criminal law. and open all your jails. I am opposed to the declaration,
because I believe it is mischievous in its character and tendencies, and be-
cause I believe the declaration is not true in itself. But it is not because
a negro or mulatto may be held to service, that I object to it; for, as I said
before, I believe there are negroes as free as I am to-day, and who can
make and enjoy property with all the ridits of manhood upon Kansas soil,
although they may not enjoy all the rights of the citizen. I do not indorse
the proposition that all men are entitled to the control of their persons
except negroes and mulattoes. I say that everybody, negroes and mu-
lattoes included, have not this right. And there are also persons who are
held to service under law, not because they are negroes and mulattoes, but,

Monday, July IS, 1859. 275

because, under law they owe service; and whenever such shall come over
into the free State of Kansas, I for one, under the fugitive slave law, will
stand up in favor of its execution. I am opposed to any principle that
shall set at defiance any law enacted in pursuance of the Constitution of the
United States.

[*182] *Mr. TiiACHER. The Constitution of the United States was
formed by great and good men. The principle of the Declaration of
Independence strikes throughout that instrument and vibrates in every
line. The Constitution of the United States does not, as it is assumed,
fasten slavery upon any one. As to the clause uath reference to those
who "owe service," these are legal terms, and just as well understood now
as in the day when the Constitution was adopted. To owe service is
connected with the payment of service. The service that a man owes
necessarily follows from a consideration for which he shall perform that
service. In other words, it is a declaration that no contract shall be in-
vahdated. Sir, it is proposed by the party in power to engraft into the
Corstitution of the United States a provision that does not appear there.
It is proposed to fasten upon the Constitution a provision which Washing-
ton, Jefferson, Madison, and all the great and good men of that day
spumed from them. For Madison, himself a slaveholder, said in the de-
bates of that first Constitutional Convention, "I do not wish to see the
Constitution recosnize the rizht of property in man." INIadison would
have blushed with shame for the slavery legislation which is advocated
here. It is proposed, sir, to amend the Declaration of Independence, by
inserting exceptions, as in the case of crime, &c., and so declaring that
the Declaration is not true — that these rights of man are not inalienable —
as though these principles were not just as true now as when Jefferson and
Madison drew them up and placed them in the Constitution of the United
States. I have no objection, sir, to adding the words "except for the
commission of crime;" but anything further I shall not accept.

Mr. McDowell. Our first duty here, Mr. President, as I conceive,
under the oath of office we have taken, is to support the Constitution of
the United States. So that, if we were to disregard that instrument, and
were to make an organic law that would contravene its provisions, and
send that law to Congress and ask Congress to admit us into the Union
under it. Congress would refuse us admission; because it is not in their
province to admit a State whose Constitution or organic law is in con-
travention with that of the United States; but their power simply extends
to the admission of new States whose government shall be republican in
form, and whose Constitutions shaU not conflict with the provisions of the
Constitution of the United States. It is immaterial to me, sir, by what
Ughts the gentleman proposes to construe that instrument, so long as that
instrument itself has estabhshed a tribunal of interpretation for all its pro-
visions, and there is none other recognized in it to which we can go to
get a construction. And when that tribunal has given a construction to
that instrument, it does seem to me that it devolves upon us, as law-
abiding citizens — as men sworn to support the Constitution of the United
States — to consent at once to support it as it has been thus authoritatively
construed. I think I might appeal to the gentlenian as a lawyer to
ans\ver me, whether or not the Supreme Court of the United States has
not construed the Constitution of the United States to the effect, that it
is the right of the owner of a slave escaped from his service, to demand
the return of that slave in a free State upon proving his identity? I ask
whether the Constitution does not, in so many words, give him that

276 Convention Proceedings and Debates.

right? WTiether there is not a provision in that instrument that proliibits
any State from making a Constitution differing in spirit and letter from
that? Then, while some jurists disagree as to the mode in which this right
shall be exercised — some claiming that the several States shall legislate
upon this right — that the Constitution of the United States has not the
[*183] word slave in it, and that if the owner of a runaway slave go *after
his fugitive and capture him in a free State, he must do so subject to the
laws against kidnapping; but the great majority have found it expedient
for Congress to legislate on this subject. And in 1S51 the fugitive slave law
was passed. That law has been decided to be constitutional, and has been
enforced in almost all the States of the Union, and will be enforced till
it may be repealed. Now, I think I can see some of the clear poison of
higher-lawism in this provision, which the gentleman from Doniphan pro-
poses to strike out.

The President. The gentleman's proposition does not read to strike
out.

Mr. McDowell. I may not have been verbally accurate. It is the
purpose of the amendment to remove the clause, which we think ought
to be removed. I was observing that I thought I saw the still poison of
higher-lawism embraced in these words, and for one, I do not propose to
encourage it. I do not regard it as sound political philosophy, and I re-
gard it as unconstitutional. In addition, as was well observed by my
friend, this clause, if adopted as it now stands, will simply place us in the
attitude of the commission of this solecism; recognizing somewhere the
right and power to punish crime, yet in the Bill of Rights doing away
with every provision of that kind, by asserting that the control of the
person is above, beyond, anterior to all law. I hope the Convention will
enact no such solecism as that. Whatever their notions may be on these
questions in relation to the fugitive slave law, let us be careful, at least,
to avoid placing ourselves in an absurd position.

Mr. Ritchie. Did not the Convention strike out of this first section
all after the word "safety"?

The President. That motion did not prevail.

Mr. Blunt. Mr. President, I propose to offer the following as a sub-
stitute for the amendment of the gentleman from Doniphan: "Except in
cases where the party is charged with crime, or has been convicted thereof."

The President. The chair conceives this to be out of order as a sub-
stitute for the amendment of the gentleman from Doniphan (Mr. Wrig-
ley) . The amendment of the gentleman from Doniphan makes an exception
to the provision in the latter clause of the section. The amendment of the
gentleman from Anderson (Mr. Blunt) also makes an exception, but of a
slightly different character, and may be taken as an amendment to the
amendment offered by the gentleman from Doniphan.

Dr. Blunt. Mr. President, the proposition I have offered as an
amendment, I think is not only pertinent, but removes one of the objec-
tions referred to by the gentleman from Doniphan (Mr. Wrigley) and the
gentleman from Leavenworth (Mr. McDowell), "that the section as re-
ported would allow persons charged with crime, or convicted thereof to
have control of their persons and thus defeat the e.xecution of law." There-
fore, to remove all doubtful and dangerous construction that might be put
upon the section, I have proposed this amendment. This, however, does
not appear to meet the real objection of gentlemen upon the other side of
the house, who think they have discovered in the Bill of Rights as re-

Monday, July 18, 1859. 277

ported by the Committee, an attempt to evade the execution of the fugi-
tive slave law, and true to the instincts of the party they represent, whose
democracy consists in bowing the supphant knee to the demands of the
slave power, they come promptly to the rescue.

I do not know what object the committee had in view when framing
this section of the Bill of Rights, but it is very certain that the fugitive
slave law had not occurred to my mind, in connection with the matter
under consideration, until attention was called to it by the ever faithful
guardians of the "peculiar institution," on the other side of the chamber.
As they have introduced the subject, however, 1 desire now to say that if
this section, as reported, does not sufficiently protect the rights of the
[*184] citizens *of Kansas against the aggressions of this infamous law,
I would have it so amended, or an additional section incorporated, that
there should be no doubt existing in the mind of any one as to the power
of the Legislative or Judicial departments in relation to this matter; for
while our democratic friends, in the exercise of their peculiar functions of
"Union savers," are eager to exhibit their willingness to obey the com-
mands of their Southern masters, I am equally aiLxious that the broad
prairies of Kansas, that have been so nobly won to freedom, after a long
and bloody struggle, shall never be prostituted as the hunting ground for
human prey.

Now, in the incipient stage of our State organization, I conceive to be
the proper time to declare whether we will or will not prostitute ourselves
by aiding in the execution of the most inhuman and infamous statute that
ever disgraced a Christian and civilized country.

. I do not propose to speak the sentiments of the "Republican party of the
country, or of Kansas, upon this subject, but merely to declare my own
individual views; and such as they are, I am willing that they should be
published to the world. I hold, with the fathers of the early Republic,
that the institution of human slavery is a creature of municipal law, hav-
ing its origin in the law of physical force, or the ability of one race of be-
ings to hold another in subjection without any principle of moral right;
that it is not only in violation of the princip'es of Christian humanity and
the laws of God, but also at variance with the spirit of the age in which
we live, and in conflict with the best and dearest interests, morally, politi-
cally, and socially, of every civilized commuritv. This accursed institution,
m the footsteps of which follows a moral blight and mildew, was but the
relic of a barbarous age, entailed upon the orisinal States at the time they
emerged from the darkness of despotism to be clothed with the e'orious
light of American liberty, and became a perplexing question with the
founders of the American confederacy, as to the true policy to be pursued
relative to an institution which they conceived to be at war with the spirit
and genius of the principles of liberty, for which they had so nobly con-
tended— an institution which they abhorred, and deprecated, and which
they fondly hoped would at some day, not then far distant, become ex-
tinct. I think the history of the organization of the confederacy, and the
debates upon the formation of the Federal Constitution, go clearly to show
that it was never intended by the pure and incorruptible statesmen of
that day that the institution of slavery should ever, in any way, be
nationalized. They only permitted it to remain where it then already ex-
isted, subject to such local regulations as might be prescribed — and that
outside of its municipal boundaries, all responsibilities for its existence and
maintenance should cease, and that the Federal government should be
e.s{?entially a government for freedom. And upon this basis I now pro-

278 Convention Proceedings and Debates.

pose to stand, believing as I do, that the fugitive slave law is not only in-
human and infamous, but, to my comprehension, clearly, and beyond
doubt, a violation of the Constitution of the United States. For I con-
ceive, and I think correctly, that the clause in the Federal Constitution
that refers to "fugitives from service or labor," and which is taken as
authority for the fugitive act, does not confer upon Congress any power
to legislate upon that subject, and was never intended as anything more
than a compact — binding in the good faith of the parties — whereby the
Free States agreed that they would interpose no lawful barrier to prevent
the slaveholder from pursuing and capturing his chattel, if he saw proper
to do so, at his own expense and risk, but it never contemplated that the
people of the Free States should be compelled by Federal authority to
convert themselves into bloodhounds to be used in running down
human chattels, and to be made subservient to the will of the slave-
[*185] *hunter, in sustaining an institution in which they have no in-
terest or lot.

But we are told by these "Union-savers,"' who stand as sentinels upon
the outposts of slavery, with holy horror depicted upon their faces, "that
the fugitive act is the law of the land, and that until it is repealed, as good
citizens we are bound to obey it." I have not the time, neither do I wish
now, to go into a minute examination of this subject, and will only remark
briefly, in reply to this kind of argument, that those who made the law
and those who decide upon its constitutionality, are but human, and liable
to err; and was error their only fault it might be palliated and excused,
but the fact is patent and too well known to require proof here, that the
Legislative, Executive and Judicial departments of this government are
under the control and patronage of the slave power, and dare not do other-
wise than obey its inexorable demands. And while as a general principle,
I am opposed to the disobedience of law, and am ready to submit to any
enactment that affects only my material or corporeal interests, however
unjust such law may be, yet I will never submit to any statute that com-
pels me, in violation of conscience and a conception of Christian duty, to
commit a crime against the laws of God and humanity. And, Mr. Presi-
dent, I will here be frank to declare that while I will never interfere with
the institution of slavery, when it exists in the States by municipal law,
neither will I in any manner be responsible for any of its sins. While I
shall use no means to induce slaves to flee from their masters, neither vnW
I suffer myself to be used as an instrument for their capture and return.
I expect to recognize every man upon the free soil of Kansas as a freeman,
without reference to the color of his skin, un'ess I know that he is gi'i^ty
of a crime that should deprive him of his liberty, and so help me God,
whi'e the fugitive slave act remains upon the statute book, I shall ever
consider it a Christian duty to disregard its cruel mandates. No wicked
and infamous law shall ever deter me from feeding the hungry and shelter-
ing the wear}', and exercising towards a fellow-being the kind offices of a
common humanity. "As ye would that others should do unto you, do ye
even so unto them," was the precept of Him whose example is worthy of
imitation; and I desire here to say that the officer who shall ever com-
mand me, as one of the posse com'tatiis, to aid in the execution of the
fugitive s'ave law, offers to me a direct insult, and he may expect me to
act accordingly. I will ever hurl defiance at its commands, despite all the
penalties of fine and imprisonment that can be enforced by any corrupt
and tyrannical power.

To return then, Mr. President, to the subject directly under considera-

Monday, July IS, 1859. 279

tion, I take the position that it is the duty of every State to protect its
citizens against unwarrantable Federal aggression, and it is especially the
right and duty of the free States, to protect its citizens asainst the aggres-
sions of the fugitive slave law. I think it eminently befitting the Conven-
tion, in organizing a State government for Kansas, to present itself before
the world as occupying a bold and proud position upon this question.

The position of protecting the rights of her citizens in this matter, is
one peculiarly appropriate for the State of Kansas to assume; when we
consider the fact, that in the last few years she has been the object of a
bitter and violent persecution, at the hands of a corrupt democracy, un-
paralleled in the history of any country. And having, after years of
struggling against the combined cohorts of slavery, backed by the strong
arm of federal law, emerged from darkness and oppression into the glori-
ous morning of liberty, she should ever value the rights she has achieved,
and defend them from all aggressions, from whatever source they may
come.

The noble State of Wisconsin, peopled by the virtue and intelligence of
New England, has been the first to assume the bold position of antagonism
[*186] to the fugitive slave law. Her su*preme judiciary was the first
to interpose to protect freemen from its cruel exactions, and for this act
of independent sovereiinty she has received the commendation and ap-
plause of the free North, and the respect even of the South, and to-day
her citizens have reason to rejoice for the proud position she has taken.

In conclusion, Mr. President, I have only to add, that I desire to see
this question — of the right of a sovereign State to protect her citizens from
federal aggression — fixed definitely, and ratified by the people of Kansas
in their organic laws, that our legislative and judicial departments shall
hereafter have the landmarks boldly and clearly defined.

The eyes of the whole country are turned towards us watching our
every act, and nothing will be more gratifying to the friends of freedom
throughout the Union, or command more respect from the votaries of
slavery, than to see Kansas at this time place herself proudly and firmly
upon the ancient doctrine of State rights, or State sovereignty. That doc-
trine, so nobly contended for by Jefferson and his illustrious compeers —
was once the pride of democracy, but which, alas for the cause of human
rights, was long since ignored by the latter-day prototypes of that once
noble race, to give place to the prevailing democratic idea of the present
day — "that the States, and the union of the States, have no higher mission
to perform than the extension and perpetuation of human slavery, and
that all else must be made subservient to its interests."

I deny, Mr. President, that the democracy of to-day has any affinity
with the democracy of Jefferson, and the noble band of patriots who ad-
vocated with such earnest zeal the doctrine of the rights and sovereignty
of the States. But whatever may be the position now occupied by our
adversaries, or whatever wrongs may be committed in the name of de-
mocracy, let the Republicans of Kansas to-day, in the organization of an
independent and sovereign State, incorporate the principles inculcated by
the founders of the Republic, and in so doing we will not only challenge
the admiration of the good and true, but will have faithfully discharged
our duty to ourselves, to our posterity, to our country, and to our God.

Mr. Griffith. It seems to me, sir, that this discussion and both amend-
ments are unnecessary, and that they result from a misconception of the
clause in question. I see nothing of any higher-law doctrine in this sec-
tion. If it is there, I confess that I have not penetration enough to dis-

280 Convention Proceedings and Debates.

cover it. The proposition is, "that the right of all men to the control of
their persons exists prior to law, and is inalienable." It does not propose
that the authority of the State shall not hold the persons of men if they
have committed crime, but simply that this right exists prior to law, and
is inalienable by the person holding it — that is, he cannot sell it or dispossess
himself of it. But, sir, the law of the land regulates this matter entirely.

Mr. LiLLiE. Mr. President, like my friend from Bourbon, Mr. Griffith,
I think this debate has taken rather an extraordinary range. It occurs
to me, sir, that this is a question of natural rights, and not at all con-
nected with artificial rights and civil disability. It is a declaration that
all men are created free and equal and possessed of certain inalienable
rights, such as we all concede, as set forth in the Declaration of our
national independence — from which 1 suppose no gentleman at this hour
will deliberately dissent. These are natural rights; but by this section
we say that they existed prior to the formation of any government; that
they are coextensive with the existence of man, and so were before the
formation of civil government. When, by the multipUcation of men, it
became necessary to have civil government, individuals gave up part of
[*187] their natural rights to secure for themselves the blessings of *civil
hberty, and among them were restraints upon the liberty and life of the
person. Hence it became necessary that laws should be enacted to pro-
tect the weak. These natural rights were given up for the protection of the
weak. Thus, every man in the State has acknowledged that he has given
away part of his natural rights. And this is a legal disability, having its
ori.in in civil government. But I consider this question as contemplating
only natural rights, and not acquired rights, and therefore, I think the
amendment entirely out of order and having no applicability to the case.
And as no gentleman had expressed my views exactly, I thought it due
to my position to say this much.

Mr. Burnett. Mr. President, it seems to me that gentlemen are labor-
ing under a misapprehension. I consider that the last clause of this section
but annunciates a great natural right, and if there is any necess'ty for
making qualifications, as suggested by the gentleman from Anderson, Mr.
Blunt, it might be best to place them also in connection with the right to
life and liberty. But in the annunciation of this natural right to the con-
trol of the person, and that it exists prior to law — what does the word
"prior" mean? It means "antecedent to." Then we have the declaration
that a man's right to the control of his person is antecedent to the law —
is a natural right. And this right, in the list of the natural rights of man,
forms a part of this report — this is a bill of rights. I know, sir, that there
is, at the present time, a great distrust in the minds of certain politicians
in regard to th;s matter of natural rights. There is a great disposition to
look upon the Declaration of Independence as a string of "glittering gener-
alities." But I wish to see this clause retained just as it is. Anything
short of that, would be falling short of the proud position taken by our
fathers in the declaration of their rights.

Mr. Blunt. Mr. President, I merely wish to state that I entertain the
same views as represented here by my friends from Bourbon and Madison,
Mr. Griffith and Mr. Lillie, and that I offered my amendment merely to
conciliate the other side of the house, and to remove a single objection.
But upon reflection I will withdraw it.

The President. The question is on the adoption of the amendment of
the gentleman from Doniphan.

Mr. Greer. Mr. President, I hope gentlemen will not act precipitately

Monday, July 18, 1859. 281

on this question. It has been assumed here that this is nothing more than
the annunciation of the great principle of hberty which belongs to every
member of society, which is inalienable, and which cannot be affected by
the power to establish a government. While I am not entirely prepared to
concede that this section would carry us as far as contended for by the
two gentlemen from Leavenworth, yet I see that there is something in this
clause which is objectionable upon principle. If every man in community
has rights that are inalienable — rights, sir, that cannot be controlled by
constitutional provisions — for every inalienable right stands above the Con-
stitution— if it were to be declared here that the control of the person is
inalienable, and that it ex'sts before law. I would like to know of gentle-
men who are in favor of retaining this clause, how they would get au-
thority to arrest a man charged with crime, and carry him into a court of
justice for trial, without violating this clause in the Constitution? While
it would not give him the proper control of himself in the perpetration of
crime, it would give him the right to resist the powers of law by which he
might be brought into court to be punished. And while this is the in-
evitable conclusion that must be drawn, so far as the criminal law is con-
cerned, there is another effect that would flow from such a declaration,
[*188] *and that is, you could not control the person of the citizen for
the purpose of getting testimony into a court of justice, because it would
be a violation of this clause in the Constitution. And while this is the
fact, I do not conceive that the amendment of the gentleman from Doni-
phan obviates the difficulty. I think that portion of the section ought to be
stricken out by the Convention, because it is objectionable for such hiih
and important reasons. And I undertake to say this would be the effect
of it. Where there is an inalienable right existing before law, it is uncon-
trollahle by law or Constitution. And if there is any right that cannot be
controlled by law or Constitution, the individual can never be subject to
anything that violates that right, without a violation of this clause in the
Constitution. I think, sir, that it is all that is necessary for the full and
perfect declaration of the rights of the citizen as declared in other parts of
the report, that it should be announced here "that all men are by nature
free and independent, and have certain inalienable rights, among which are
tho.se of enjoying and defending their lives and liberties" — leaving the
right to the control of the person for the purpose of carrying on the gov-
ernment. I do not think this has anything to do with the fugitive slave
law. If this Constitution should contain a clause contravening the Con-
stitution of the United States, it would be a mere nullity. But I do not
conceive that this clause is liable to such an objection. I think it might be
regarded as consistent with the Constitution of the United States, though,
as I have suggested, it might be set up against the judicial administration
of the laws, upon the plea that a man cannot be deprived of the control of
his person. If there was any way of reconsidering the vote we have taken
on striking out this clause, I would be in favor of taking that course, for
tlie sake of amendment.

Mr. Hutchinson. Mr. President, I really do not know what is in-
volved in this debate. I think the gentlemen from Bourbon and Anderson
have taken the only correct view, and until they spoke I was surprised at
the wide range of remark which had been taken. I do not think, sir, that
it becomes us to take a contracted view of this question. This is the first
section of our bill of rights. What is a bill of rights? It is a mere declara-
tion of the natural rights of man. And in summing up these rights, it is
not to be supposed that we will come down* to any narrow, contracted con-
ception of them — that we will use the pocket compass of legislation — but it

'2S>2 Convention Proceedings and Debates.

is to be supposed that we will look on the bright side — will take a fair and
independent view of the rights of man, aside from the restrictions of law
and civil government of any character. And if we are to allow any por-
tion of this section to stand — if we declare all men equally free and inde-
pendent, certainly we may more reasonably declare that all men have the
right to the control of their own persons. If it should be amended any-
where, I think it should be in the first line, so as to read "all men, except
negroes and criminals — all persons except those owing service and labor,
and those retained for the commission of crime, and so on, are equally free
and independent, and have those inalienable rights of enjoying and defend-
ing their hberties, and of acquiring, preserving and protecting property." It
is but a declaration of those natural rights of man that have been acknowl-
edged from the foundation of this government. The gentleman from
Shawnee asks, "How, with this clause, will you arrest a criminal or execute
the criminal law?" I ask h'm again. How were the criminal laws executed
in the days of Jefferson and Madison?

On motion of A^'^r. HorsTON, the amendment was laid on the table by the
following vote, Mr. Slough demanding the yeas and nays:

Yfas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. B'ood,
[*189] Button, Graham, *Griffith, Hutchinson, Hanway, Hoffman, Hous-
ton, Ingalls, Kin'Tman. Lillie, Lamb, Middleton, McCuUoush, Preston, Por-
ter. Pitchie. Poss. Signor, Stokes, Simpson, Thacher, Townsend, T. S.
Wright, Williams— 30.

Nays — Messrs. Barton, Foster, Forman, Greer, Hippie, Hubbard, Moore,
McDowell, McCune, Palmer, Parks, Slough, Stinson, Stiarwalt, J. Wright.
Wrigley — 16.

So Mr. Wrigley's amendment was laid on the table.

Mr. President Winchell (Mr. Hutchinson in the chair) offered the
following as a substitute for the first section: "All men are by nature
free and equal and possessed of certain riehts inalienable by law, except
for the commission of crime, among which rights are life, liberty, the
pursuit of happiness and the acquirement, possession and protection of
property."

Mr. Winchell. Mr. President, I offer this substitute, because I think
there is some foundation for the arguments which have been adduced
suggesting amendments. It appears to me that if we declare in the funda-
mental law, that men have certain rights that are inalienable, we must
mean that those ridits are inalienable by law. We are not here for the
purpose of considering rights of persons as contemplated by law, and if we
proceed to enlarge or restrict those rishts, it seems to me that we shall
lay ourselves open to the charge of stultification. I therefore offer this
amendment, which is intended to remove the objections and difficulties
suggested.

Mr. Kingman. Mr. President, I do not propose to argue this ques-
tion. I would be willing to vote for the section as it stands, but I prefer
the language of the substitute just offered. But I hold in my hand a
section which I prefer to both of them. I do not propose at this time
to offer it. But I hold that this use of the word "inalienable," is mis-
understood and misinterpreted in this House. A man's right to his life is
inalienable in law under all circumstances. He has no ri-^ht to sell or give
it away — no right to dispose of it at all. But the word "inalienable" has
a fixed meaning in law. And when in the common use of the word we say,
that a man cannot alienate his property, none would suppose we mean t(»

Monday, July 18, 1859. 283

say, he cannot forfeit his property. We propose, at the proper time, to
propose in this Constitution, that there shall be a homestead set apart
to each settler in the State, which shall be inalienable, but we do not
propose to ordain that it shall not be forfeited for debts due to the State,
and so on. I do not like to see this doctrine impinged. I do not like
to depart from old, established usage. Therefore I hope the section which
I hold in my hand will be adopted. By the leave of the Convention I
wUl read it:

"All men are possessed of equal and inalienable natural rights, among
which are those of life, liberty and the pursuit of happiness."

These terms, Mr. President, are fixed in the minds of the American
people — they have become traditional. And I offer to strike out and in-
sert this, that the American feeling might appear in this section. We
all cling to old truths, and I love the very forms of expression in which
old truths have been presented. I dislike to change any old truth from
the forms of language to which I have been accustomed. I dislike to see
them taken from the habiliments in which I have so often seen them
clothed and put into new and doubtful phraseology; and our national
Declaration of Independence is of this class of truth. That Declaration of
Rights forms a part of our political creed, from which no man can ex-
tricate himself; and I do not wish to change the clothing of these ideas.
It is this feeling that makes a man who has long read one book — as the
Bible or Blackstone — value it a hundred fold above its intrinsic value.
This makes a man like to read the sentiments he cherishes in their origi-
nal style of expression — makes him like to dwell on the very words that
cover the principles he holds closest to his heart. And we should express
[*190] these sentiments in few *words — sufficient to cover their views
and carry their original force, and whatever goes beyond that is injurious
to the sense. I say again, sir, I love these old forms. They are, it seems
to me, as the political Bible of every citizen of the United States. If you
change their language, you mar their beauties — carry the mind away from
the sense, and send it off into reflections on the phraseology and meaning
of these new terms. I think the amendment I have read, in these old
terms, is broad enough. It will show no man's prejudices, and it is broad
enough for all to stand upon.

The President (Mr. Hutchinson in the Chair) decided the amendment
out of order.

Mr. Slough. It is only an amendment in the second degree. It seems
to me that the Chair, upon second thought, must come to this conclusion.

The President. A substitute is not susceptible of amendment.

Mr. Slough. I appeal from that decision.

Mr. Prest. Winchell. I hope the gentleman will not consume time
by an appeal. It strikes me that the Chair is laboring under a mistake.
I suppose this substitute of the gentleman from Brown (Mr. Kingman)
to occupy the same position as an arrendment to an amendment, and that
if the substitute is complete in itself it is in order.

The PRFsmENT. The Chair is still of the opinion that a substitute i?
not amendable.

Mr. Winchell. It is a substitute for a substitute.

The President (Mr. Hutchinson), explained and defended the position
of the Chair on the point of order, but waived the decision and enter-
tained the substitute of Mr. Kingman.

Mr. Winchell. Mr. President, it is a very delicate matter for a mai?

284 Convention Proceedings and Debates.

who is no lawyer to undertake a legal argument upon a question of law
coming from lawyers who have the confidence of members. But cer-
tainly it seems to me that on one point here there is a mistake — I refer to
the meaning of the word "inalienable."

I find from this authority (Webster's Dictionary) that the meaning of
the word "alienate" is "to transfer;" and that the definition of the word
■'inalienable" is "that which cannot be transferred to another." So, there
is nothing here to satisfy my mind that the efi"ect of this section will be to
restrict the action of law upon the right to the control of persons and
property. If I am not mistaken, sir, we often find phrases to the effect
that property shall not be transferred without the consent of the owner,
legally obtained. Yet we see all descriptions of property sold for debt —
for rents — and land is sold for taxes. At least we might admit that there
is room for a diversity of opinion. The gentleman from Brown (Mr.
Kingman) has offered a more general amendment than mine. It gives room
for men of diverse views to stand upon and therefore I am opposed to it.
It does not make the matter clear enough for the House to discern whether
the principle they desire is enunciated or not. Sir, I am desirous of seeing
no amendment prevail which shall allow the gentleman from Doniphan,
and his friends, to believe that the right of any man to claim a fugitive is
granted by that provision. I desire that thing to be settled here. I desire
that the courts of the State of Kansas shall have the full benefits of a
constitutional guarantee in making up their decisions upon the question.
And it is for this reason that I have offered my substitute — not that I
consider myself able to offer anything preferable to the suggestions of the
minds of other men, but because I desire to have this principle decided,
upon which we differ so widely. I admit that the substitute of the gentle-
man from Brown is general and unexceptionable in its terms. At the
same time, I believe, that since his model was adopted, the times have
changed, the men have changed, and this question has assumed a new
phase, so that it becomes our duty, in order to meet this question fairly,
to present our declaration in words and phrases of unmistakable sig-
nificance.

[*191] *Mr. Stinson. Mr. President, as I understand the gentleman
from Osage, the proposition he places before us is this: that he desires
some constitutional provision which shall compel the courts of the State of
Kansas to refuse to execute, or to put hindrances in the way of the execu-
tion of the fugitive slave law of the United States.

Mr. WiNCHELL. The gentleman is right.

Mr. Stinson. I thank the gentleman for the admission; and through
him I thank the party he represents for the spirit of frankness in which the
declaration is now put forth. It has been often charged upon this floor, sir,
that Democratic members, by several motions, have been attempting here
to throw obstacles in the way of the admission of Kansas into the Union,
and now I will ask these gentlemen how they can suppose that any State
Constitution can be admitted by Congress with such a provision in it as is
here set forth? It will never be done, sir. And I do not hesitate to say,
that there are not two thousand voters in the State of Kansas who will
sanction such a Constitution. There is a very worthy and distinguished
gentleman in the State of Massachusetts, a leader in the anti-slavery party,
William Lloyd Garrison by name, who, in making a speech a few months
since declared that the proposition that the Constitution of the United
States did not authorize the fugitive slave law was a sheer absurdity ; that
the Constitution of the United States was a pro-slavery instrument, and the

Monday, July 18, 1859. 285

fugitive slave law was enacted in strict accordance therewith. He de-
clared also, that if the country desired to abrogate that law they must also
abrogate the Constitution of the United States. But, sir, on the other
hand, I might quote the authority of Daniel Webster, and all the great
minds of the country, who have considered and published their opinions
upon this question, to show that the fugitive slave law was enacted in
strict accordance with the Constitution of the United States. And, there-
fore, I desire to warn gentlemen, that we are not here for the purpose of
laying down Republican and Abolition platforms, but for the purpose of
framing a Constitution for the State of Kansas, in accordance with the
Constitution and laws of the United States, and that when these gentlemen
would go further, and seek to affirm their fanatical doctrines in this instru-
ment, they make it impossible for our labors to be of any avail here.

Mr. Thacher. Mr. President, I am gratified that we have an Abolition-
ist brought to stand on the same platform with the Democratic party — both
holding pro-slavery doctrines — whilst the Republican party still adhere to
the original freedom-loving doctrines.

Mr. WiNCHELL. Mr. President, I never stood upon the platform which
I understand to be occupied by the distinguished gentleman of Massa-
chusetts to whom the gentleman has alluded. And I desire, for it seems to
be necessary here, to state, that any person who attempts to define the
position of the Republican party before this country as being identical
with that of the Abolitionists of Massachusetts, must place himself in the
position of a person willfully deceiving the public mind, or of one totally
wanting in information of the matter — and in either case it is certain that
the gentleman ought to be caut'ous in regard to his statements. One word
in regard to the charge of hostility to the fugitive slave law. I am one of
those who believe that the fugitive slave law is utterly and entirely with-
out warrant in the Constitution of the United States: that it is subversive
of the rights of citizens and subversive of the State rights, which are guar-
anteed in the Constitution of the United States. I believe, also, that it is
imperatively demanded of every State, in forming their organic law, that
they should take care that their rights shall be respected, in order that their
constitutions may be in conformity with the Constitution of the United
States; and that for them to neglect this would be a violation of the Con-
[*192] stitution of the United States — *and that so far from such pro-
visions in a State constitution being objectionable, I believe the omission of
them, rather, should be taken as an exception to its reception by the
general government.

Mr. Wrigley demanded the yeas and nays upon the amendment of Mr.
Kingman to the substitute, and being ordered and taken the vote stood —
yeas 42, nays 6 — as follows:

Yeas — Messrs. Arthur, Blunt, Barton, Burris, N. C. B^ood, Crocker,
Dutton, Foster, Forman, Graham, Greer, Griffith, Hinnle, Hubbard. Han-
way. Hoffman, Tngalls. Kinsrman, Li'lie, J. Lamb, Middleton, E. Moore,
McDowell, McCune, McClelland, McCulloueh, Preston, Palmer, Parks,
Porter, Poss, Signor, Slouch, Stinson, Stiarwalt, Simpson, Thacher, Town-
send, J. Wright, Wrigley, T. S. Wright, Williams— 42.

Nays — Messrs. Burnett, Hutchinson, Houston, Ritchie, Stokes, Mr.
President — 6.

So the substitute for Mr. Winchell's substitute was adopted; and the
.section as amended was adopted.

Section 2d was then read. It is as follows:

286 Convention Proceedings and Debates.

"Sec. 2. All political power is inherent in the People, and all free gov-
ernments are founded on their authority, and are instituted for their equal
protection and benefit. No special privileges or immunities shall ever be
granted by the General Assembly which may not be altered, revoked or
repealed by a two-thirds vote of the same body, and this power shall be
exercised by no other tribunal or agency."

^^r. BuRRis. Mr. President, I move to amend section 2d by striking out,
in the 37th hne, the words "a two-thirds vote of." I would state that my
object in making this amendment is to provide that there shall be no
special privilege granted to any individual or body politic and corporate,
but what may be repealed as other laws by a majority vote of the two
Houses.

Mr. Kingman. I second the motion.

The amendment was agreed to and so the section was passed.

Section 3 was then read, as follows:

"Sec. 3. The people have the ri"-ht to assembV. in a peaceable manner,
to consult for their common good, to instruct their Representatives and to
petition the General Assembly for the redress of grievances."

Mr. Hoffman. Mr. President, I move to amend by striking out the
word "Legislature" in the 40th hne and inserting instead the words "Gov-
ernment, or any department thereof."

The amendment was adopted, and the section as amended was passed.

Section 4 was read and adopted, viz:

"Sec. 4. The people have the ridit to bear arms in their defence and
security, but standing armies, in time of peace, are dangerous to liberty,
and shaH not be tolerated, and the military shall be in strict subordina-
tion to the civil power."

Section 5 was read, as follows:

"Sec. 5. The risht of trial by Jury shall be inviolate, and extend to
persons of every condition; but a jury trial may be waived by the parties
in all cases, in the manner prescribed by law."

Mr. McDowell moved to strike out the words "and extend to persons
of every condition."

Mr. Thacher. Mr. President, I hope the Convention wiU not strike
out these words. It is eminently ri-^ht and proper, in the Bill of Pidits,
to guarantee the right of trial by jury to every person, under all circum-
stances and in every condition of life — and this is such a guarantee as, I
think, every man in Kansas will respect.

Mr. Stinson demanded the yeas and nays on the amendment, and they
were ordered, and being taken, resulted — yeas 14, nays 33 — as follows:

Yfas — ]\Iessrs. Barton, Foster, Hubbard, Hippie, Moore, McDowell,
McCune, McClelland, Parks, Slough, Stinson, Stiarwalt, J. Wright, Wrig-
ley— 14.

Nays — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Dutton, Graham, Greer, Griffith, Hutchinson. Hanway, Hoffman,
Houston, Ingalls, Kingman, Lillie, Lamb, Middleton, McCullough, Preston,
Porter, Ritchie, Ross, Stokes, Sienor, Simpson, Thacher, Townsend,
Wright, T. S. Williams, Mr. President— 33.
[*193] *Section 6 was read. It is as follows:

"Sec. 6. There shall be no slavery in this State, and no involuntary
ser\itude, unless for the punishment of crime, whereof the parties shall
have been duly convicted."

Monday, July 18, 1859. 2S7

Mr. Thacher demanded the yeas and nays, and the same being ordered
and taken, the vote stood — yeas 46, nays 1, as follows:

Ayes — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, Barton, N. C.
B'ood, Crocker, Button, Foster, Graham, Greer, Griffith, Hippie, Hubbard,
Hutchinson, Hanway, Hoffman, Houston, Ingalls, Kinsman, Lillie, Lamb,
Middleton, Moore, AIcDowell, McCune, McClelland, McCullough, Preston,
Palmer, Parks, Porter, Ritchie, Ross, Signor, S'.ough, Stinson, Stiarwalt,
Stokes, Simpson, Thacher, Townsend, T. S. Wright, Wrigley, J. Wright,
Williams, Mr. President — 48.

Nays — Mr. Forman — 1.

So the section was adopted.

Section 7 was read, as follows:

"Sec. 7. The right of every man to worship God according to the dic-
tates of his own conscience shall never be infringed, nor shall any man
be compelled to attend, erect or support any place of worship, or to
maintain any form of worship against his consent, nor shall any control of,
or interference with the rights of conscience be permitted, or any prefer-
ence be given by law to any religious establishment or mode of worship.
No reli ious test or amount of property shall ever be required as a
qualification for any office of public trust under the state, nor shall any
religious test or amount of property ever be required as a qualification
of any voter at any election in this State, nor shall any person be incom-
petent to be a witness on account of religious belief, but nothing herein
contained shall be so construed as to dispense with oaths or affirmations.
The liberty of conscience hereby secured shall not be so construed as to
excuse acts of licentiousness or to justify practices inconsistent with the
peace or safety of the State; nor shall any money be drawn from the
Treasury for the benefit of any sect, society or institution."

Mr. Lamb offered the following:

In the fiftieth and fifty-first line, where the word "man" occurs, let
it be altered to read "person;" and where the word "his" occurs, let it
be altered to read "their."

Mr. Lamb. Mr. President, here is a privilege granted to men to wor-
ship God according to the dictates of their consciences, while women are
left out of the question.

The amendment was agreed to.

Mr. Thacher moved to strike out the words, "shall any religious test
or amount of property ever be required as a qualification."

The amendment was agreed to; and so the section was adopted.

Section 8 was read as follows :

"Sec. 8. The privilege of the writ of habeas corpus shall not be sus-
pended, unless in case of invasion or rebellion the public safety requires it;
and said writ shall be granted, as of right, in all cases where the Legis-
lature shall not specially confer discretion upon the court ; but the Legisla-
ture may prescribe preliminary proceedings to the obtaining of said writ."

Mr. Wrigley offered as an amendment: "Strike out all after the word
'it,' in the sixty-fifth line, at the semicolon; so as to leave it as in the
Ohio Constitution."

Mr. Stinson proposed to strike out "privilege," and insert "right."
These amendments were agreed to; and the section as amended was
adopted.

288 Convention Proceedings and Debates.

Section 9 was read, as follows:

"Sec. 9. All persons shall be bailable by sufficient sureties, except for
capital offences where proof is evident or the presumption great. E.xcessive
bail shall not be required, nor excessive fines imposed, nor cruel or un-
usual punishment inflicted."

Mr. Thacher. I w'ould suggest, that the word "nor"' should be in-
serted instead of "or," in the last line, between the words "cruel" and
"unusual."

[*194] *The amendment was agreed to, and so the section passed.

Section 10 was read and passed without amendment. It is as follows;

"Sec. 10. In any trial, in any Court, the accused shall be allowed to
appear and defend in person, or by counsel; to demand the nature and
cause of the accusation against him; to meet the witness face to face, and
to have compulsory process to procure the attendance of witnesses in his
behalf, and a speedy public trial by an impartial jury of the county or
district in which the offence is alleged to have been committed; nor shall
any person in a criminal cause be a witness against hunself, or be twice
put in jeopardy for the same offence."

Section 11 was read, as follows:

"Sec. 11. The liberty of the press shall forever be inviolate, and all
persons may freely speak, write or publish their sentiments on all subjects,
being responsible for the abuse of such right."

Mr. Ingalls offered the following amendment:

At the close of the section add the following words: "And in all actions
for libel the truth may be given in evidence to the jury, and if it shall
appear to the jury that the alleged hbelous matter is true and was pub-
lished for justifiable ends, the accused party shall be discharged or ac-
quitted."

The amendment was adopted, and the section as amended passed.

Section 12 being read, on motion of Mr. Hutchinson it was rejected, a^
matter superseded in another chapter of these proceedings.

Mr. Stinson offered the following, to come in for the 12th section:

"Nothing herein contained shall be construed to interfere with or
hinder the execution of the fugitive slave law, or any of the laws of the
United States in the State of Kansas."

Mr. Burnett moved to lay the amendment on the table, and the yeas
and nays being demanded and taken thereon, resulted — yeas 32, nays 16 —
as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, J. Blood, Burris, Crocker,
Button, Graham, Griffith, Hanway, Hutchinson, ?Ioffman, Houston, In-
galls, Kingman, Lillie, Lamb, Middleton, McCullough, Preston, Palmer,
Porter, Ritchie, Ross, Signor, Stokes, Simpson, Thacher, Townsend, T. S.
Wright, Williams, Mr. President— 32.

Nays — Messrs. Barton, Foster, Forman, Greer, Hippie, Hubbard,
Moore, McDowell, McCune, McClelland, Parks, Slough, Stinson, Stiar-
walt, J. Wright, Wrigley — 16.

So the amendment was laid on the table.

Mr. J. Blood offered the following matter, to take the place of the 12th
section:

"Every person is entitled to a certain remedy in the laws for all in-

Monday, July 18, 1859. 289

juries or wrongs which he may receive in his person, property, or char-
acter; he ought to obtain justice freely, and without being obliged to pur-
chase it ; completely and without denial, promptly and without delay, con-
formably to the laws."

On the motion of Mr. Stinson, it was laid on the table.

Section 13 being now made section 12, was read, as follows:

"Sec. 12. No person shall be transported out of the State for any
offence committed within the same, and no conviction in this State shall
work a corruption of blood or forfeiture of estate; nor shall any person be
hable to be conveyed out of this State for trial in any case where the
offence was committed within the same, and no indenture of any persons,
made and executed out of the bounds of the State, shall be valid witliin
the State if inconsistent with the laws thereof."

Mr. BuRRis moved to strike out all after the word "same" in the eighty-
fourth Une; which was carried, and as thus amended, the section passed.

Sections 13 and 14 were read and passed, viz:

"Sec. 13. Treason against the State shall consist only in levying war
against it, adhering to its enemies, or giving them aid and comfort. No
[*195] *person shall be convicted of treason unless on the evidence of
two witnesses to the overt act, or confession in open court.

"Sec. 14. No soldier shall, in time of peace, be quartered in any house,
without the consent of the owner, nor in time of w^ar except in a manner
prescribed by law."

Section 15 was read and passed, viz:

"Sec. 15. The right of the people to be secure in their persons, houses,
papers, estates, &c., against unreasonable searches and seizures, shall be
inviolate; and no warrant shall issue but upon probable cause, supported
by oath or affirmation, particularly describing the place to be searched and
the persons and things to be seized."

Section 16 was read, as follows:

"Sec. 16. No person shall be imprisoned for debt in any civil action or
mesne, or final process, except in cases of fraud, and no person shall be im-
prisoned for a militia fine in time of peace."

Mr. Slough. Mr. President, I propose to strike out these words:
"And no person shall be imprisoned for a militia fine in time of peace."

Mr. Hutchinson. T hope that will not be stricken out, unless it is go-
ing to be made to apply to us as though we were in favor of imprisonment
for debt. I think there is to be a provision for excusing persons having
conscientious scruples, by paying a money equivalent; and these words are
intended to apply to such cases.

Mr. Slough's amendment was laid on the table — affirmative 23, nega-
tive 9.

Mr. Foster made an ineffectual motion to strike out the words, "except
ih case of fraud:" and then the section was passed.

Section 17 was read, \'iz:

"Sec. 17. Foreigners who are, or may become hereafter, bona fide resi-
dents of this State, shall enjoy the same rights in respect to the possession.
enjo>Tnent and inheritance of property, as native born citizens."

Mr. Ingalls offered as a substitute for section 17, the following:

"Aliens may inherit, purchase, hold and convey real estate."

19 — 778

290 Convention Proceedings and Debates.

Mr. Hoffman submitted the following substitute for the substitute:
"No distinction shall ever be made by law between resident aliens and
citizens in reference to the possession, enjoyment, or descent of property."
Mr. Hoffman's substitute was adopted, and so the section passed.
Section 18 was read and passed, viz:

"Sec. 18. All courts shall be open, and every person, for an injury
done him in lands, goods, person or reputation, shall have remedy by due
course of law, and justice administered without denial or delay."

Section 19 was read, viz:

"Sec. 19. No hereditary emoluments, honors or privileges shall ever
be granted or conferred by this State, nor shall there be any constitutional
distinctions on account of sect or sex."

Mr. Stinson moved to strike out all after the word "state," which was
carried, and the section as amended passed.

Section 20 was read, viz:

"Sec. 20. Private property shall be held inviolate, but subservient to
the public welfare. When taken in time of war, or other public exigencies
imperatively requiring its immediate seizure, or for the purpose of making
or repairing roads which shall be open without charge, a just compensa-
tion shall be made to the owners of the property in money; and in all
other cases where private property shall be taken for pubhc uses, a com-
pensation therefor shall first be made in money, or first secured by de-
positing money, and such compensation shall be estimated by a jury,
without deduction or benefit to any property of the owner."
[*196] Mr. Stinson. I would ask if this matter is *not embraced in
the report of the committee on corporations?

Mr. Kingman. Only as it relates to railroads.

Mr. Thacher. "Or," should be "for," in the last line. This section is
covered by the article on corporations, so far as assessments of damages
for the right of way are concerned.

The section was passed.

Section 21 was read, viz:

"Sec. 21. No citizen of this State shall be held to appear before the
Supreme Court of the United States on an appeal from the Supreme Court
of this State, but when appeals are taken on questions of inter-State law,
they shall only be through or from the District Courts of the United
States."

Mr. McDowell. Mr. President, it does seem to me that this section is
rather absurd, and I move to strike it out. I believe the Supreme Court
of the United States has no jurisdiction to authorize a citizen of Kansas
to take up his case. The mode of appeal is pointed out by act of Con-
gress. The District Court of the United States and the Circuit Court of
the United States are the preliminary Courts.

The motion to strike out was agreed to, and so the section was rejected.

Mr. Hoffman submitted the following, to come in in the place of sec-
tion 21:

"No bill of attainder, ex post facto law, nor any law impairing the
obligation of contracts, shall ever be passed."

Mr. Slough. The Constitution of the United States provides for that.

On motion by Mr. Stinson, it was laid on the table.

Monday, July 18, 1859. 291

Section 22 was read and adopted, viz:

"Sec. 22. This enumeration of rights shall not be construed to impair
or deny others retained by the people, and all powers not herein delegated
remain with the people."

And so the report of the committee on Preamble and Bill of Rights was
passed [byj the Convention.

On motion by Mr. SLorcH, the report was then referred to the com-
mittee on Arrangement and Phraseology, and ordered to be printed.
The Convention then took a recess till 3 o'clock, p. m.

AFTERNOON SESSION.
The President called the Convention to order at 2 o'clock.

SCHEDULE.

Mr. Th.\cher. ]\Ir. President, I believe the special order is the con-
sideration of the Schedule, and as it is so entirely incomplete with respect
to the submission of the Constitution, elections, &c., and as it should be
kept back, for the manifest purpose of gathering up everything at the
close, I move to recommit it to the Committee on Schedule. I understand
they reported under the stringency of the rule compelling standing com-
mittees to report by Friday morning. There is a large amount of matter
to go in it, and if it is not recommitted, we will have to keep reconsider-
ing it.

Mr. McDow^ELL. Mr. President, I would state that I understand the
provisions are ready and the sections are prepared. As for anything that
may have been overlooked by the committee on their reports — 1 think we
are as well prepared to go on and perfect it now as we may be again.

The President. By what authority does the gentleman state that the
sections are prepared?

Mr. McDowell. I know of certain sections being written containing
what the gentleman speaks of.

The President. The Chair would state that the report of the com-
mittee on Schedule is usually the last one taken under consideration. Pro-
visions which are to put the Constitution in force are added in this report.

[*197] *The precedents are all in that direction.

Mr. Greer. I understand the Schedule has been before this body, and
every section has been adopted but one; that was laid over as the regular
business for this morning, and as it is now regularly before us, I would
ins.st upon the Schedule being acted on as far as it is printed.

The President. It is impossible for gentlemen to insist. The Con-
vention will take such action as they see fit.

Upon a division the Secretary reported — affirmative 19, negative 19.

The President. The report is referred back to the Chairman.

Mr. Slough. Mr. President, I am satisfied there are more than thirty-
eight members present, and if not too late, 1 would hke to call for the yeas
and nays.

The President. It is too late.

Mr. Slough. Then I move that the committee be discharged from the
further consideration of the report on the Schedule.

292 Convention Proceedings and Debates.

The President. I believe the motion is not in order.

Mr. Slough. I appeal from the decision of the Chair, and call for the
yeas and nays on the appeal.

The President. The Chair decides the motion not in order, for the
reason that it is similar to a question which has already been decided.

The question, "Shall the decision of the Chair stand as the judgment of
the House?" being .taken by the yeas and nays, resulted — yeas 30, nays 16
— as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Dutton, Graham, Griffith, Hutchinson, Hanway, Hoffman, Hous-
ton, Ingalls, Kingman, Lillie, Lamb, Middleton, McCullough, Palmer, Pres-
ton, Ritchie, Ross, Signor, Stokes, Simpson, Thacher, Townsend, Williams
—30.

Nays — Messrs. Barton, Foster, Forman, Greer, Hippie, Hubbard, Moore,
McDowell, McCune, Parks, Porter, Slough, Stiarwalt, Stinson, J. Wright,
Wrigley — 16.

So the decision of the Chair was sustained.

elections and suffrage.

Mr. Blunt. Mr. President, I move that the Convention go into a com-
mittee of the whole on the report of the committee on Elections.
The motion was agreed to.

The Convention accordingly resolved itself into committee of the whole
— Mr. Simpson in the Chair — and took up the consideration of the article
reported from the committee on the elective franchise.

On motion the report was read section by section.

Section 1 was read and adopted, viz:

"Sec. 1. All elections by the people shall be by ballot, and all elections
by the Legislature shall be viva voce."

Sec. 2 was read, viz:

"Sec. 2. The general elections shall be held annually on the first Tues-
day in October, except township and municipal elections, which shall be
held on the first Tuesday in April annually — until otherwise provided by
law."

Mr. J. Blood. Mr. Chairman, I move to amend by striking out the
word "first" where it first occurs. Also by striking out the words "in
October," and inserting in lieu thereof the words "succeeding the first Mon-
day of November," so that it shall read, "The general elections shall be
held annually on the Tuesday succeeding the first Monday of November,"
&c. The election for President and Vice President comes on that day in
all the States; and once in four years, at least, if the section remains as
it is in the report of the committee, we will be at the expense of one elec-
tion more than if my amendment were adopted.

Mr. Slough. Mr. President, I hope the original section as in this report
will remain undisturbed. I cannot see any good reasons for the amend-
ment the gentleman from Douslas (Mr. Blood) has submitted, but I can
[*198] see many reasons why it should not be adopted. *The time
designated is in the winter, when the weather is usually severe and un-
pleasant for men to attend the polls; and the days are so short that part
of the balloting would have to be done in the night. Another objection is
in the fact that it fixes our State and County elections upon the day of the
Presidential election. All who have been observers know that where elec-

Monday, July 18, 1859. 293

tions of this character are closely connected, men are wiUing to sell the
President for a candidate for some county office. I think that the Presi-
dential election, being a general one, fixed by the United States law, should
be distinct — and no other election should be held on that day. I have seen
a canchdate for sheriff defeat a candidate for Governor. Weller, of CaU-
fornia, was defeated by less than three hundred votes, and these were taken
from liim in a contest for sheriff in one county. I apprehend similar cir-
cumstances might occur again. For that reason I oppose the amendment.
Mr. BuRRis. Mr. President, I would offer an amendment to the amend-
ment by striking out, so that the section would read: "Sec. 2. The gen-
eral elections shall be held annually on the first Tuesday in October, until
otherwse provided by law." My mgtion is to strike out all in the original
section between the words "October" and "until." I do not see any
necessity for having township elections in the spring. I agree with the
gentleman from Leavenworth (Mr. Slough) it would be improper to fix the
day for our State elections on the same day with that fixed by the Congress
of the United States for the Presidential election. I do not believe State
elections and Presidential elections should come upon the same day; but it
does seem to me that all elections for State officers should be held upon
the same day with our local elections. It would lessen the expense, and
we would have but one a year. We could vote for all just as well on the
same day as to have two elections. October would be as suitable a time as
they could select. I prefer that month to any other. I can see no necessity
for having two elections the same year — as we would have according to the
report of the committee.

Mr. Sloitgh. Mr. President, I hope the amendment will not prevail. It
will be observed, by looking at the section, that the elections are to be just
six months apart and at suitable seasons of the year. As we have just
begun the work of breaking down the barriers of distinction between towns
and municipalities, it does seem to me that their elections ought to be put
upon the same footing. The contest for a township trusteeship might
affect the same question of principle involved in the general election.

Mr. BuRRis. I withdraw my amendment.

Mr. PfiEsroENT WixcHELL. Mr. Chairman, it may be, sir, that I am
partial to the plan suggested by the amendment, from the fact that I have
always been accustomed to see its effects. In the State of New York our
State elections recurred on the day of the Presidential elections; and our
township elections occurred in the spring of the year. The reasons, as I
have always understood them, were these: That it was a sa\nng of expense
to the people, for the State and general election to be on the same day;
and as far as the township elections were concerned it was considered best
to keep them separate, and that the spring was a more appropriate time
for the reorganization of township arrangements than fall. I don't know
that I ever saw any local effects but what have given satisfaction to the
people there. If we can so arrange our elections in Kansas, where the
people have been worried out by election after election, without unneces-
sary expense, it seems to me we ought to do so.

Mr. Thacher. Gentlemen of the committee, we ought to consider verj'
seriously the matter of expense connected with our elections. In October
you have one, and in three weeks after you have another. November is
[*199] that season of the year when farmers are *most through with their
labors — the fall work is closed up and the wdnter work not set in — and
farmers are at hberty. The cold weather has come on and driven the
malaria from the land, so that there are more well persons than a month

294 Convention Proceedings and Debates.

earlier. I think the amendment a good one, indeed. In those States
where they have two elections a year it is a well known fact they don't get
out the same vote at the Spring election that they do at the general elec-
tion. And then you save expense by having but one election a year.

Mr. Burnett. Mr. Chairman, it is sickly in the month of October. I
have been prevented, myself, from going to elections, on that account,
while in November the people, as a general thins:, have become convales-
cent, and would attend the election in larger numbers than though it oc-
curred a month earlier. I hope these considerations will be weighed by the
gentlemen.

Mr. Stiarwalt. Mr. Chairman, my opinion is that I shall vote against
the amendment, from very custom, if nothing else. I have always seen
these elections separate, and I believe it to be a good plan. As has been
justly observed, men vote nigher their sentiments by having the two
elections entirely distinct. The fall season of the year is the time for the
State election, and October is the more leisure time. I have experience as
a farmer, and know it is the most comfortable time to go to election.
Every four years the Presidential election comes, and it is only the in-
crease of one election every four years. I think the other States, most of
them, find no fault with their election times. And then when there are so
many of these officers to be voted for together, it is difficult to keep up
the iDOoks. I have seen precincts where they have voted till midnight. I
shall vote aganist the amendment.

The amendment was adopted upon a division.

Mr. J. Blood. Mr. Chairman, I wish to strike out the words "and
municipal." I propose to strike out these words for this reason principally:
some municipal governments are already organized in our State under
charters that provide for their elections on another day — the first Mon-
day in May; and that no clash may be had I propose these words shall
be stricken out.

Mr. Slough. I apprehend all corporations, as a general thing, will
have to come in under the general law. It seems to me that is no argu-
ment at all.

The amendment was adopted on a division.
And then the section as amended was adopted.
Section 1st, under the head of suffrage, was read, viz:
"Section 1. Every white male person of twenty-one years and up-
wards belonging to either of the following classes — who shall have resided
in Kansas six months next preceding any election, and in the township
or ward in which he offers to vote at least ten days preceding such elec-
tion, shall be deemed a quahfied elector at such election.

1st. Citizens of the United States; 2d, persons of foreign birth who
shall have declared their intention to become citizens conformably to the
laws of the United States on the subject of naturalization, and shall have
resided in the United States one year next preceding any election."

Mr. Blunt. Mr. Chairman, I propose to offer the following substitute
for the first section:

"Sec. 1. Every white male person of twenty-one years of age and up-
wards, who are citizens of the United States, and shall have resided in this
State six months preceding the election, and in the township or ward in
which he offers to vote at least ten days preceding such election, shall
be deemed a qualified elector to vote at such election."
The substitute was laid on the table.

Monday, July 18, 1859. 295

Mr. Porter. Mr. Chairman, I move to amend by striking out all after
the word "naturalization" and insert as follows:

[*200] *"3d, civilized male Indians who have adopted the habits of the
white man."

Mr. President Winchell. Mr. Chairman, I question whether the
gentleman's amendment is in order, when considered in connection with
the first line of the section: "Every white male person of twenty-one
years," &c.

The Chairm.-\n. The amendment is not in order.

Mr. Paltrier. I would suggest the words "male persons of Indian
blood who have been by treaty or otherwise made citizens of the United
States."

Mr. Slough. That is liable to the same objections urged a moment
ago. It would be necessary to strike out the word "white" in the first line.

Mr. Greer. Mr. Chairman, I move to strike out the words "white
males" in the first Une.

Mr. Slough. I move to lay it upon the table.

The motion was agreed to.

Mr. Hutchinson. I move to strike out the word "white" in the first
line.

Mr. Slough. I move to lay it on the table.

The motion was agreed to.

Mr. Stinson. Mr. Chairman, I would inquire what action the Con-
vention has taken on the motion of the gentleman from Doniphan (Mr.
Porter) ?

The Chairman. The Chair decided that it was out of order.

Mr. Stinson. I would suggest to the Chair that we are only defining
who are "white male citizens."

The section was now adopted.

Mr. Slough. Mr. Chairman, I propose to offer as section 2d the fol-
lowing:

"Sec. 2. Male Indians, who by treaty or otherwise, have become citi-
zens of the United States, and who have resided six months in Kansas,
and ten days at least before an election in a townsliip or ward, may vote
at such election."

Mr. Houston. i\lr. Chairman, I move to strike out "ten days" and
insert "three months."

Mr. Thacher. I move to add "and all citizens of the chfferent States."

Mr. BuRRis. I move to lay them all on the table.

The motion was agreed to.

Section 2 was read and adopted, viz:

"Sec. 2. No person under guardianship, 7wn compos mentis or insane
shall be qualified to vote at any election, nor shall any person convicted
of treason or felony be qualified to vote at any election, unless restored to
civil rights."

Section 3 was read, viz:

"Sec. 3. No soldier, seaman or marine in the army or na\'y of the
United States or of their allies, shall be deemed to have acquired a resi-
dence in this State in consequence of being stationed within the same, nor
shall any such soldier, seaman or marine have the right to vote."

296 Convention Proceedings and Debates.

Mr. President Winchell. Mr. Chairman, I believe this section is
not altogether what it should be. If I can have a moment to prepare a
substitute I will do so. I will state what my objection is. The language
of the section is: "No soldier, seaman or marine in the army or navy of
the United States or of their aUies, shall be deemed to have acquired a
residence in this State in consequence of being stationed within the same,
nor shall any such soldier, seaman or marine have the right to vote." Now
I believe, sir, frauds have been perpetrated under a similar pro\asion to
this; and I object to soldiers, seamen or marines acquiring a residence

Mr. J. Blood, (interrupting.) If the gentleman will notice the last
clause, particularly, his objection will be removed.

Mr. President Winchell acquiesced.

Mr. Hutchinson. I move to strike out the word "such."

Mr. Stinson. Mr. Chairman, I shall oppose the whole section. I con-
sider it tyrannical and outrageous to deprive a man of voting because he
is in the army or navy of the United States. A man simply being on
serWce here does not acquire the right to vote, but to exclude an officer
[-201] of the army or navy who has his family *here — I say it is out-
rageous to cut him off from the right of a sovereign citizen, and I shall
op- [pose] the whole section on that ground.

Mr. Greer. Mr. Chairman, it seems to me that such a residence as I
understand a soldier's to be is a transient residence. He is under the pay
of government, and assumes this kind of position in society voluntarily.
He has no permanent residence. I hope no one will be so patriotic as to
desire to guard a floating population with such a zeal as my friend from
Leavenworth (Mr. Stinson). I understand that when I join the army,
I may be permitted to spend my time three years in Leavenworth, but at
any moment I may be called to go to Fort Riley or wheresoever. That is
the kind of citizenship the soldier has.

Mr. Slough. Mr. Chairman, I have always been opposed to the lan-
guage ordinarily used in Constitutions, because of the fact that so many
questions arise that are difficult of solution. We have found such a pro-
Adsion in the organic act of this Territory, which has given rise to con-
siderable difficulty. I desire now that it shall be rendered so clear that no
misunderstanding shall be had. I am opposed to anything that will look
towards the centraHzation of power in the federal government. Suppose,
instead of having a standing array of ten or fifteen thousand, with no pro-
vision in our Constitution to the contrary, the federal government might
throw that force into the Territory, and so control its policy. I am inclined
to think, from the first view of the provision proposed to be inserted, that
it is a good one. The language is clear, explicit, and cannot be mis-
understood.

Mr. J. Blood. Mr. Chairman, I am in favor of striking out of the
section the word "such," and that it shall prevent any soldier or seaman
from voting whether he has a residence in consequence of being in the
army or otherwise, for the reason that when a soldier enlists in the army,
he loses his individuality and becomes a mere machine, and is not in a
condition to exercise his independence as a citizen should. I will read a
similar provision in the Missouri Constitution. (Reads).

The motion was adopted, and the word "such" was stricken out. The
section was then adopted.

Monday, July 18, 1859. 297

Section 4 was read, viz:

"Sec. 4. No person shall be deemed to have lost his residence in this
State by reason of his absence either on business of this State or of the
United States."

Mr. McDowell. Mr. Chairman, I move to strike that section out. I
think it unnecessary, and the reason I offer is, that, if it were necessary
this trenching upon the province of the Legislature is not right. I think
it unnecessary, inasmuch as there is a well defined statement as to what
shall constitute citizenship already adopted. The rule of law is that if _a
man goes away from a place with the idea of remaining, he loses his resi-
dence, but if he goes away with the idea of returning, he does not lose his
residence.

The motion was agreed to.

Sections 5 and 6 were read and adopted, \iz :

"Sec. 5. Every person shall be disqualified from holding office during
the term for which he may have been elected, who shall have given or
offered a bribe to procure his election."

"Sec. 6. Every person who shall give or accept a challenge to fight a
duel, or who shall knowingly carry to another person such challenge, or
who shall go out of this State to fight a duel, shall be inehgible to any office
of trust or profit in this State."

Section 7 was read, viz:

"Sec. 7. Electors during their attendance at elections, and in going to
and returning therefrom, shall be privileged from arrest in all cases except
treason, felony and breach of the peace."

Mr. Slough. I would suggest a verbal amendment. Strike out the
last "and" and insert "or."

The Chairman. There being no objection the alteration will be made.

So section 7 was adopted, and the article passed, amended.
[*202] *Mv. Slough. I move the committee rise and report.

The motion was agreed to.

The committee accordingly rose and the chairman reported back the
article on elections and suffrage, with amendments as above.

Mr. Slough. I move that the article be taken up section by section.

The motion was agreed to.

Section 1 was read and adopted.

Section 2 was read.

Mr. Slough. Mr. President, I move to amend by striking out that
section and insert the section orizinally reported by the committee, to-wit:
"2d. The general elections shall be held annually on the first Tuesday in
October, except township and municipal elections, which shall be held on the
first Tuesday in April annually — until otherwise provided by law;" and
call for the yeas and nays on the question.

Mr. Hutchinson. I move to lay it on the table.

On this motion the yeas and nays were demanded, and, being ordered
and taken, resulted — yeas 24, nays 23 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Button, GriflRth, Hutchinson, Hanway, Hoffman, Houston, King-
man, Lillie, Middleton, Preston, Ritchie, Ross, Signor, Stokes, Thacher,
Townsend, Mr. President — 24.

298 Convention Proceedings and Debates.

Nats — Messrs. Barton, Foster, Forman, Graham, Greer, Hippie, Hub-
bard, Ingalls, Moore, McDowell, McCune, McClelland, McCullough, Palmer,
Parks, Porter, Slough, Stinson, Stiarvvalt, Simpson, J. Wright, Wrigley,
WiUiams— 23.

So the motion was agreed to, and the amendment laid on the table.

Section 2 was then adopted.

Section 1 under the head of suffrage was read.

Mr. McDowell. Mr. President, I move to strike out all after the word
"naturalization."

Mr. J. Blood. Mr. President, I hope the motion will prevail if I under-
stand the effect of it. I see by the fore part of the section that white per-
sons are required to have residence of si.x months, while foreigners would
have the right to vote on a residence of three days by declaring their in-
tention.

Mr. McDowell. If the gentleman will read the section carefully he
will see he is wrong.

Mr. J. Blood. I know that under a similar provision foreigners have
been allowed to vote simply upon declaring their intention to become
citizens. They can come from Europe and in ten days go to the polls and
vote. I see no reason why they should not be required to reside at least
one year. I am not in favor of excluding foreigners by any means. I dis-
claim any intention of that sort.

Mr. Arthur. Mr. President, I offer the following substitute:

"All white male citizens of the United States who have attained the age
of twenty-one years, and have been residents of this State for six months,
and of the county for thirty days, and of the precinct or ward in which he
offers to vote for ten days immediately preceding any general election,
shall have the right to vote, and none others."

Mr. Griffith. Mr. Chairman, I understand it will deprive foreigners
who have not been naturalized. It will deprive that class of foreirners who
have declared their intention; and I presume we are not prepared to take-
that conclusion either.

Mr. Ritchie. Mr. Chairman, I hope this motion will not prevail. My
opposition to it is on account of its arbitrary bearing upon humanity. I
have seen in the disposition of questions involving human liberty here, a
disposition to ignore humanity. I am in belief that it is not on account of
my color that I am entitled to be here to-day. I believe there is no prin-
ciple— I believe there is rather a principle which is common to us all —
that this right should be passed upon. I would hardly claim it for myself
[*203] on account of superior intelligence, yet rather would I repre*sent
the elective franchise upon this principle than upon the word "white."
The other day I was in conversation with a man, and he spoke about being
in battle for the price of liberty. And he is to be deprived — after having
obtained a boon that we consider the birthrisjht of American citizens — is
to be now robbed of that privilege; and why? Becau.se his complexion
is different to my own. In the argument with that gentleman — yes, you
may laugh my friends, but I call him a gentleman not on account of his
color, but on account of his having in his soul left a desire and love for
the liberty that is desirable for you and me; and' perhaps he has done
more than those who can curl the lips and snarl upon his countenance, in
behalf of the libertj' we are now possessed of.

I am opposed to the measure on other considerations than this. Place

Monday, July 18, 1859. 299

it upon intelligence and purity, and I say my mother, and sister, and wife
is made the servant of a trembling weak-kneed Democracy or Republi-
canism. Who has made a speech that was more compact, and that showed
more of intelligence than a lady in this hall a few evenings since, and yet
this Constitutional Convention, on account of prejudice, on account of
usage, is willing to pursue their time-honored course, and is not willing to
Usten to reason and facts of humanity. I am aware this is called radical-
ism, fanaticism; and some would not have any more sense than to call it
abolitionism. Now, Mr. President, I feel that I am incompetent to do
justice to the subject, but I could not have discharged my duty without
having laid these views simply before you.

Mr. J. Blood. Mr. President, I move to lay the substitute on the table.

On this motion the yeas and nays were demanded, and being ordered
and taken, resulted — yeas 42, nays 3 — as follows:

Yeas— Messrs. Burnett, Blunt, Barton. Burris. J. Blood, N. C. Blood,
Crocker, Button, Foster, Forman, Greer, Griffith, Hippie, Hubbard, Hutch-
inson, Hanway, Hoffman, Houston, Middleton, Moore, McDowell, McCune,
McClelland, McCullough. Preston, Palmer, Parks, Porter, Ritchie, Ross,
Signor, Sloush, Stinson, Stiarwalt, Stokes, Simpson, Townsend, Thacher,
J, Wright, Wrigley, Williams, Mr. President — 42.

Nays — Messrs. Arthur, Graham, and Ingalls — 3.

So the motion was agreed to.

Mr. J. Blood. Mr. President, I looked over the section rather hastily,
and upon close examination I see that, as I understand it now, it does
not require of a foreigner a residence in this State of three days even.

Mr. Slough. Read the section.

The section was read accordingly by the Secretary.

Mr. J. Blood. That removes my objections to the amendment of the
gentleman from Leavenworth (Mr. McDowell).

Mr. Blunt. Mr. President, I wish to offer an amendment. After the
word "naturaUzation," to which I have no objection, insert these words:
"but no person of foreign birth shall be entitled to vote until after a
residence of six months." The object of offering this amendment is to
prevent the abuse of the elective franchise, which has been practiced to a
very great extent, viz: the manufacture of voters out of foreigners the
day before election. I have no objection at all to treating foreigners
liberally as regards the right of suffrage, and I am not disposed to with-
hold the right of suffrage to foreigners; but every person has seen this
right abused. A day before election, in large cities, thousands of voters
are manufactured from foreigners who know nothing at all about our
country, and are mere machines in the hands of corrupt politicians, who
pay the expenses of their naturalization for their voting for some favorite
candidate. For this reason I propose my amendment.

[*204] Mr. HiPPLE. I move to lay it upon the *table, and on that
motion call [for] the yeas and nays.

Mr. Slough. I hope not.
Mr. HipPLE. I withdraw it.

Mr. Burris. I hope the amendment will not prevail.
The PREsmENT. It has not been seconded.

Mr. President Winchell. (Mr. Thacher in the chair). It seems
to me a reasonable request to strike out. As our friends are somewhat

oUO CoNv-ENTioN Proceedings and Debates.

disposed to favor the foreigner and make it an object for them to change
their fealty to the government of the United States, we should perhaps
do all in our power to encourage such emigration. I trust we will re-
move all the barriers we can.

The motion was agreed to.

Mr. Hutchinson. Mr. President, I move to strike out the word
'white." I believe, sir, this question of suffrage is not altogether a matter
of policy, that there is something else to be considered. It is one of
right, to some extent. What are we about to do? By this section we are
about to declare that the pri\dlege of exercising that right shall belong to
a class, without any respect or regard to merit, cultivation or anything
except color. I am too much of a Democrat to believe in such a doctrine.
I believe this principle is contrary to the Democratic creed. If the opera-
tion of the elective franchise is beneficial — if you and I are made better
by being allowed the riiht to vote — then we should extend that benefit
to every class of men. We ought not to say one class should be made less
intelligent than we. Xo. sir. But why do we pretend to do it? We have
the laws, the strength, the government. By that same rule everj^ member
on this floor might be disfranchised within twelve months. Any race that
could get possession of the right to legislate, could as properly disfran-
chise the white man as we can a black man. We are not here to make a
Constitution for one class — for class legislation — but to make a Constitu-
tion for the whole people of the State of Kansas, and if we, in that act,
disfranchise any particular sect, the responsibility is ours. We have no
right to erect separate standards as to the right of the elective franchise.
No right to say that a person who has eyes of a particular color, or wears
clothes of a particular color, shall exercise the privilege of the ballot-box.
There miaht be some plausibility in an amendment that a person should
have a certain degree of intelligence to become privileged to exercise the
right. We must go back to the work of this morning, and revise and
change our declaration of rights. It declares all men are equally free
and independent, and possessed by nature of certain inalienable rights.
We declared that this morning, and this afternoon we propose to stultify
ourselves, and say that Chinese or blacks who happen to come here shall
be disfranchised and deprived of the rights of freemen. I believe that it
is not in accordance with that spirit of liberty which is now advancing
before the world for us to insert a provision of that kind. It might have
been justifiable generations ago, but in this age, when one-half the free
States have allowed the black man to exercise the right of sufi"rage — we,
at this late day, having the advantage of all their experience, should act
with the utmost caution before we say, by this act, that we cannot appre-
ciate this great blessing of liberty so generally, so widely, as the people of
the far East. It has been said that Kansas was the place to exercise these
modern ideas; that this was the field for improvement and advancement,
especially with reference to our forms of government. Sir, we have en-
deavored to strike down the forms of tyranny, and the iclea that I am
better than thou — and yet we are about to insert this old relic of the dark
[*205] days. I *had hoped this word "white" would not be inserted in
our Constitution.

Mr. Graham. Mr. President, I am opposed to striking out the word
"white." I came from a State where I resided forty-eight or forty-nine
years. My first vote was cast side by side with the colored man. In
1836, we changed that; and we believed the change of Constitution was
made as much for that purpose as any other. I am opposed to striking

Monday, July 18, 1859. 301

out that word "white," for I beheve we have the right to say who shall
have the right to vote. I am oppased to it from past experience. And
another thing, I am not positive, but I think those men always voted the
Democratic ticket.

The yeas and nays were demanded, and being ordered and taken re-
sulted— yeas 3, nays 37 — as follows:

Ayes — Messrs. Hutchinson, Ritchie, Stokes — 3.

Nays— Messrs. Arthur, Burnett, Blunt, Barton, Burris, J. Blood, N. C.
Blood, Crocker, Button, Foster, Forman, Graham, Griffith, Hippie, Hub-
bard, Hanway, Hoffman, Houston, Ingalls, Lillie, Middleton, Moore, Mc-
Dowell, McCune, McCullough, Preston, Palmer, Parks, Porter, Ross,
Signor, Slough, Stiarwalt, Simpson, Thacher, J. Wright, Williams— 37.

So the motion to strike out "white" was rejected.

Mr. Ritchie. IVIr. President, I offer the following amendment, to be
inserted after the word "election," the words, "Provided he can read and
write ; " so that it will read —

"Section 1. Every white male person of twenty-one years and up-
wards belonging to either of the following classes — who shall have resided
in Kansas six months next preceding any election, and in the township or
ward in which he offers to vote at least ten days preceding such election,
provided he can read and write, shall be deemed a qualified elector at such
election."

Mr. Slough. I move to lay it on the table.

The motion was agreed to.

Mr. Parks. Mr. President, if in order to introduce a substitute, I offer
the following:

"Sec. 1. Every white male citizen of the United States, and every
white male person of foreign birth who has declared his intention to be-
come a citizen conformably to the laws of the United States, and every
male person of mixed white and Indian or i)ure Indian blood, who has
been made a citizen of the United States by treaty or otherwise; who
shall have attained the age of twenty-one years, and resided in this State
for six months, in the county thirty days, and in the town.ship or ward
ten days next preceding the election at which he offers to vote, and no one
else, shall be deemed a qualified elector."

Mr. President Winchell. (Mr. Thacher in the chair). I move to
amend by inserting the words "or Negro" after the words "or Indian."

Mr. Burris. I move to lay the substitute and amendment on the table.

On this substitute the yeas and nays were demanded, and being ordered
and taken resulted — yeas 29, nays 15— as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Button, Graham, Griffith, Hubbard, Hutchinson, Hanway, In-
galls, Kingman, Lillie, Middleton, McCune, McCullough, Preston, Porter,
Ross, Signor, Simpson, Thacher, Townsend, J. Wright, Williams, Mr. Presi-
dent—29.

Nays — Messrs. Barton, Foster, Forman, Hippie, Houston, Moore, Mc-
Dowell, Palmer, Parks, Ritchie, Slough, Stinson, Stianvalt, Stokes, Wrig-
ley— 15.

So the substitute was laid on the table.

302 CoN^^NTION Proceedings and Debates.

Mr. Slough. Mr. President, I move the following substitute for the
second section:

"Male Indians, who have become citizens of the United States by treaty
or otherwise, and who have resided six months in Kansas, and ten days in
a township or ward, the same being next preceding any election, may vote."

[*206] ISlv. President Winchell. I move after the *words "Indian
or" to insert "or citizens of other States."

The President. (Mr. Thacher in the chair). The opinion of the
chair is, that this amendment is identical with the one proposed by the
gentleman from Leavenworth.

Mr. Slough. It is dissimilar.

Mr. Burris. I move to lay them on the table.

On this motion the yeas and nays were seconded, and being ordered and
taken resulted — yeas 29, nays 18 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Button, Graham, Oreer, Griffith. Hutchinson, Hanway, Hoffman,
Ingalls, Kingman, LiUie, Middleton, McCullough, Preston, Porter, Ross,
Signor, Stokes, Simpson, Thacher, Townsend. Williams, Mr. President — 29.

Nays — Messrs. Barton, Foster, Forman, Hippie, Hubbard, Houston,
Moore, McDowell, McCune, McClelland, Palmer, Parks, Ritchie, Slough,
Stinson, Stiarwalt, J. Wright, Wrigley — 18.

So the substitute and amendment were laid on the table.
Mr. McDow^ELL. Mr. President, I desire to offer the follo\\dng as sec-
tion 2d:

"Sec. 2. No negro or mulatto shall be entitled to vote at any election."

I offer that because in a clause in the Ohio Constitution somewhat
similar to the first section, where the word "white" has been used, the
courts have decided any person as white who has a preponderance of wliite
blood ; and thereby a great many mulattoes ha^-e been allowed to vote. As
it requires a great deal of time and takes a good deal of trouble, and as it
is attended with considerable difficulty to determine this question, I de-
sire to have no misunderstanding. I start out with the jiroposition, that if
I can, I will, succeed in having such a clause in the Constitution of Kan-
sas. I came here instructed to oppose negro suffrage and negro equality —
to advocate the enactment of a clause in the Constitution prohibiting
negroes from emigrating to the State of Kansas, and, by whatever legi.sla-
tion, to discourage the negroes that are here from remaining. Hence, I
voted the other day to exclude from our charitable institutions all negroes.
I gave that vote, and my colleague gave a similar vote, in furtherance of
what we conceived to be the mind of our constituents — my colleague has
authorized me to state that much on his behalf. And 1 would be untrue
to what I conceive to be a duty I owe to my constituents and my own
feelings, if I did not endeavor to carry out that idea — as opposed to
negro equality, to negro emigration into this State, and to discourage the
free negroes from here remaining.

Mr. President Winchell. I move to insert the word "Indian" after
the word "negro."

The President. (Mr. Thacher in the chair). The chair is of opinion
that the section itself is out of order, being covered completely by the first
section.

Mr. Slough. The Convention may entertain a different opinion, and

Monday, July 18, 1859. 303

for that reason I think we ought to have an opportunity to test the ques-
tion.

Mr. Blunt. Mr. President, I supposed the insertion of the word "white"
would satisfy all parties, and let that word be interpreted according to its
general meaning. It seems, however, that such is not the case; that our
Democratic friends are not satisfied with the word "white," for fear that,
by a liberal construction of that word, some person who has a drop of
African blood might, perchance, be entitled to vote. Now I am willing
this word "wliite" shall settle the whole question. I think the position
which has been assumed by the Supreme Court of Ohio, is correct — that a
man must be white or black — must belong to some particular class — and
whichever of that blood predominates, he belongs to that class. But gen-
tlemen are very much in fear of being tainted by a drop of African blood,
[*207] while they are very anxious and eager to conifer upon the wild
Indian the right of suffrage. I believe this word will allow mulattoes, over
half white, to vote; and I believe such should be the case. Gentlemen
upon the other side of the House do not seem to stand so much upon the
mere question of color as they do upon the peculiar shade, or whether a
man possesses wool or hair upon his cranium, or the shape of the nose, or
some other physiological peculiarity; for while they are rigorously opposed
to any one voting who might, perchance, have a drop of African blood in
his veins, they are equally eager and zealous to confer upon the wild and
untutored Indian all the rights and privileges which we, ourselves, enjoy.
And, Mr. President, the only solution to which I can arrive for this mani-
fest partiaUty of our Democratic friends, is in the fact that while persons
of African descent are generally possessed of intelligence and a just appre-
ciation of Christian humanity, the red man almost invariably votes the
Democratic ticket.

Mr. Burris moved to lay it on the table.

The yeas and nays were demanded upon this motion, and being ordered
and taken, resulted — yeas 28, nays 16 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. B'ood,
Crocker, Dutton, Graham, Greer, Griffith, Hutchinson, Hanway, Hoffman,
Ingalls, Kingman, Lillie, Middleton, McCulloudi, Preston, Porter, Ross,
Signor, Stokes, Simpson, Thacher, Townsend, Williams — 28.

Nays — Messrs. Foster, Forman, Hippie, Hubbard, Moore, M<"DoweU,
McCune, McClelland, Palmer, Parks, Ritchie, Slough, Stinson, Stiarwalt,
J. Wright, Wrigley— 16.

So the motion was agreed to.

Mr. Stinson. Mr. President, I move to amend section 2 by inserting
after the word "No" the words "negro, mulatto or."

The Prfsident (Mr. Thacher in the Chair) decided the amendment out
of order; that a similar one had already been passed upon.

Mr. Wrioley. I appeal from the decision of the Chair and call for the
yeas and nays.

The quest'on being, shall the decision of the Chair stand as the judg-
ment of the House?

The yeas and nays were ordered and being taken resulted — yeas 32,
nays 10— as follows:

304 Convention Proceedings and Debates.

Preston, Palmer, Porter, Poss, Ritchie, Signor, Stokes, Simpson, Thacher,
Townsend and Williams — 32.

Nays — Messrs. Foster, Hippie, Moore, McDowell. McCune, Slough
Stinson, Stiarwalt, J. Wright and Wrigley — 10.

So the decision of the Chair was sustained.

Section 2 was then adopted.

Section 3 was read.

Mr. Stinson. I move to strike out, commencing with the word "nor."

Mr. President Winchell. I move to lay it on the table.

The motion was agreed to.

Mr. Wrigley. A^r. President, I move to reinstate the word "such" that
was stricken out in Committee of the Whole.

Mr. President Winchell. I move to lay it on the table.

The motion was agreed to.

The question being on the adoption of the section —

The yeas and nays were demanded, and being ordered and taken, re-
sulted— yeas 34, nays 10 — as follows:

Yeas — Messrs. Arthur, Burnett, Burris, J. Blood, N. C. Blood, Crocker,
Dutton, Foster, Graham, Greer, Griffith, Hutchinson, Hanway, Hoffman,
Houston, Ingalls, Kingman, Lillie, Middleton, McCune, McClelland, McCul-
lough, Preston, Porter, Ritchie, Ross, Signor, Slough, Stokes, Simpson,
Thacher, Townsend, J. Wright, WiUiams— 34.

Nays — Messrs. Blunt, Barton, Forman, Moore, McDowell, Palmer,
Parks, Stinson, Stiarwalt, Wrigley — 10.
So the section was adopted.
Mr. Blunt submits the following explanation of his vote :

[*2081 *Mr. President, I vote asainst the third section of the article
on suffrase because the word "such" has been stricken out, and as the
section now stands it disfranchises every person whose calling or vocation
may be that of an army or navy officer, and every seaman connected with
the merchant service, notwithstanding their residence in this Stat^ might
be bona fide and complete.

Section 4 was read and adopted.

Section 5 was read.

Mr. Hutchinson. Mr. President, I move the following amendment:
Insert between the words "duel" and "shall" these words: "or who shall
be known as a common drunkard."

Mr. Blunt moved to lay it on the table.

On this motion the yeas and nays were demanded, and being ordered
and taken, resulted — yeas 24, nays 23 — as follows:

Yeas — Messrs. Arthur, Blunt, Barton, Foster, Forman, Graham, Greer,
Griffith, Hippie, Hoffman, Ingalls, Kingman, Lillie, Middleton, Moore, Mc-
Dowell, McClelland, Palmer, Parks, Porter, Slough, Stiarwalt, Wrigley and
Williams— 24.

Nays — Messrs. Burnett, Burris, J. Blood, N. C. Blood, Crocker, Dutton,
Hubbard, Hutchinson, Hanway, Houston, McCune^ McCullough, Preston,
Ritchie, Ross, Signor, Stinson, Stokes, Simpson, Thacher, Townsend, T. S.
Wright and Mr. President— 23.

So the amendment was laid on the table.

Tuesday, Jt'ly 19, lNo9. 305

Section 5 was then adopted.

Section 6 was read and adopted.

Mr. President Winchell. I move you, sir, that the report be printed
and referred to the Committee on Phraseology and Arrangement.

The motion was agreed to.

Mr. Slough. Mr. President, I move that we take up the report of the
Committee on Amendments.

And then, on motion.

The Convention adjourned until to-morrow morning at 8 o'clock.

Tuesday, July 19, 1859.
The Convention met at 9 o'clock, a. m.

Prayer by the Chaplain.

The absentees on the roll call were Messrs. Brown, Barton, Lillie, May,
Perry, Simpson and Wrigley.

The Journal of yesterday was read and authenticated.

On motion by Mr. Townsend, (seconded by Messrs. Slough, Thacher,
Ritchie, and others) it was —

Ordered, That the courtesies of the Convention and pri\alege within
the bar, be extended to the Rev. Mr. BuUard, Wm. H. Gill, Lyman Allen,
Hon. C. W. Babcock, and Hon. E. H. Holiday.

Mr. Hutchinson (by unanimous consent), presented the petition of
sundry citizens of Brown county, which was referred to the committee on
the Legislative Department.

Mr. Thacher submitted the following:

Resolved, That all the standing Committees of this Convention, except
the committee on Schedule, be required to report to-morrow morning.

Mr. Ingalls. I would suggest the exception of the committee on Phrase-
ology and Arrangement. It will be impossible for them to come under the
requisition. Several reports have been referred to that committee which
are yet to be printed.

The amendment was accepted and then the resolution was adopted.

state census.
Mr. Hutchinson submitted the following:

Resolved, That the committee on Schedule be instructed to make pro-
vision for tal-dng a complete census of the inhabitants of the Territory
prior to the assembling of the next Congress, that the returns of the Census
Commissioners may accompany our Constitution when the same is pre-
sented to Congress.

On motion of Mr. James Blood it was laid upon the table.
[*209] Mr. Hutchinson. Mr. President, I should be *glad of an
opportunity to state my reasons for offering the resolution.

The President. Without objection is made, the gentleman can proceed.

Mr. Hutchinson. I presume it must be obvious to most members that
the census authorized by the last Legislature will be of but httle account
to us. At least two-thirds of the more distant counties will neglect en-
tirely to observe the law, and in some of the more populous counties it

20 — 778

306 Convention Proceedings and Debates.

will be taken only in a partial way — some townships taken and some not —
furnishing no foundation for a basis of apportionment; and therefore I
offered this proposition more especially for our own advantage. I am also
informed, from a reliable source, that if this proposition is made in the
Constitution, we are authorized to say to the Commissioners to be ap-
pointed, that Congress, agreeably to usage, will provide for the expenses.
It is not expected that the people of the Territory would be saddled with
such an expense. The Secretary of the Interior, the Hon. James Thomp-
son, has recently given his opinion, that if this Convention should make
such a provision, upon the assembhng of Congress, provision would be
made for the payment of the expenses of the census.

FINANCE AND TAXATION.

Mr. Simpson, from the committee on Finance and Taxation^ submitted
the following report, wliich was laid on the table:

"Section 1. The Legislature shall provide by law for a uniform and
equal rate of assessment and taxation, and taxes shall be levied in such
manner as the Legislature shall prescribe; but all property appropriated
and used exclusively for State, county, municipal, literary, educational,
scientific and religious purposes, and personal property to the amount of
two hundred dollars for each head of a family, shall be exempted from
taxation.

Sec. 2. The Legislature shall provide by law for taxing the notes and
bills chscounted or purchased, moneys loaned, and all other property,
effects or dues of every description (without deduction) of all banks now
existing, or hereafter to be created, and of all bankers, so that all prop-
erty employed in banking shall always bear a burden of taxation equal to
that imposed upon the property' of individuals.

Sec. 3. The Legislature shall provide for raising revenue sufficient to
defray the current expenses of the State for each year.

Sec. 4. No tax shall be levied except in pursuance of law, and ever>'
law imposing a tax shall state distinctly the object of the same; to which
object only such tax shall be applied.

Sec. 5. For the purpose of defra\-ing extraordinary expenses, and mak-
ing public improvements, the State may contract pubhc debts; but such
debts shall never, in the aggregate, exceed one million dollars, except as
hereinafter pro\'ided. Every such debt shall be authorized by law, for
some purpose specified therein, and the vote of a majority of all the mem-
bers elected to each House, to be taken by the yeas and naj-s, shall be
necessary to the passage of such law, and every such law shall provide for
levjing an annual tax sufficient to pay the annual interest of such debt,
and for the paj-ment, when it shall become due, of the principal thereof;
and shall specially appropriate the proceeds of such taxes to the payment
of such interest and principal; and such appropriation shall not be re-
pealed nor the taxes be postponed or diminished until the interest and
principal of such debt shall have been wholly paid.

Sec. 6. No debts shall be contracted by the State, except as herein
elsewhere provided, unless the proposed law for creating such debt shall be
first submitted to a direct vote of the electors of this State at some general
election, and if said proposed law shall be ratified by a majority of all the
votes cast at such general election, then it shall be the duty of the Legis-
lature next after such election to enact said law and create such debt, sub-

Tuesday, July 19, 1859. 307

ject to all the proxdsions and restrictions provided in the preceding sec-
tions of this Article.

[*210] Sec. 7. The State may also borrow money to *repel invasion,
suppress insurrection, or defend the State in time of war; but the money
thus raised shall be applied exclusively to the object for which the loan
was authorized, or to the re-payment of the debt thereby created."

AMENDMENTS HOMESTEAD.

On motion by Mr. Simpson, the Convention now resolved into a Com-
mittee of the Whole — Mr. Slough in the Chair — and took up the Articles
on amendments to the Constitution — printed in yesterday's report.

On motion by Mr. McClelland it was ordered to be read and con-
sidered by sections.

The first section was read as follows:

"Sec. 1. Propositions for the amendment of this Constitution may be
made by either branch of the Legislature, and if two-thirds of all the mem-
bers elected to each House shall concur therein, such proposed amend-
ments shall be entered on the Journal, with the ayes and noes; and the
Secretary of State shall cause the same to be published in at least one
newspaper in each county of the State where a newspaper is published,
for three months precedins the next election for Senators and Represent-
atives, at which time the same shall be submitted to the electors, for their
approval or rejection, and if a majority of the electors voting on said
amendments, at said election, shall adopt such amendments, the same shall
become a part of the Constitution. When more than one amendment shall
be submitted at the same time, they shall be so submitted as to enable the
electors to vote on each amendment separately, but not more than three
propositions to amend shall be submitted at the same election."

Mr. Kingman. Mr. Chairman, I move to amend by prefixing to the
section the following:

"The people have at all times a right to alter, change or modify their
Constitution or form of government in any way or manner they see
proper."

Mr. Thacher. I second the amendment.

The amendment was adopted — affirmative 23, negative 10 — and so the
section passed.

The second section was read as follows: ^

"Sec. 2. Whenever two-thirds of the members elected to each branch of
the Legislature shall think it necessary to call a Convention to reAise,
amend or change this Constitution, they shall recommend to the electors
to vote at the next election of members to the Legislature, for or asainst
a Convention, and if a majority of all the electors voting at said election
shall have voted for a Convention, the Legislature shall, at the next session,
pro\-ide the law for calling the same."

Mr. Thacher. It strikes me that when the whole subject of a Consti-
tution is submitted to the people, a majority of the Legislature ought to be
sufficient to authorize it. Therefore, I move to strike out "two-thirds'"
and insert "a majonty."

Mr. Houston. Mr. Chairman, it seems to me bettor not to change Con-
stitutions too rapidly, and that it would give too great facility to change
to subject the Constitution to the ordeal of amendment by simply a ma-

308 Convention Proceedings and Debates.

jority vote of the Legislature. And I am opposed to it, because the people
will have to pay the expense of these elections and Conventions. It seems
to me that there will be laid upon us, very soon, as much expense as the
people of Kansas will be able to bear for twenty years to come, without
this. The first section requires a two-thirds vote of the Legislature to call
a Constitutional Convention, and now here it is proposed that a majority
may do it; that on any occasion, by a majority vote, the Legislature may
call such an election and put the people to the expense of thousands of
dollars. It seems to me, sir, that we ought not to be compelled to go
through the^e formalities for a change of the Constitution without very
good reasons for so doing, and whenever . there shall exist a sufficient
cause to make it clearly the duty of the people to change their Constitu-
tion, it seems to me that two-thirds of their representatives would be in
[*211] *favor of it. I, for one, am unwilling to subject the fundamental
law to such facihty of change.

The motion was rejected and then the section passed.

The final section in the report was read as follows:

MISCELLANEOUS.

"A homestead of one hundred and sixty acres of land, or in lieu thereof
a house and lot not exceeding in value two thousand dollars, or in heu
thereof, real, personal or mixed property to an amount not exceeding two
thousand dollars, belonging to any one family, shall by law be exempted
from forced sale under any process of law; and shall not be alienated
without the just^ consent of husband and wife, in cases where that re-
lation exists; but no property shall be exempt from sale for taxes or for
the payment of obligations contracted for the purchase of said premises,
or for the erection of buildings thereon."

Mr. President Winchell. Mr. Chairman, I offer an amendment.
After the word "wife," to the end of the fine 22, strike out these words:
"in cases where that relation exists."

It received no second.

Mr. J. Blood. ^Iv. Chairman, I move, as a substitute, the following:

"The privilege of the debtor to enjoy the necessary comforts of fife,
shaU be recogruzed by wholesome laws, exempting a reasonable amount of
property from seizure or sale for the pajTnent of any debt or liability here-
after contracted."

Mr. Houston. ]\Ir. Chairman, in reporting this homestead pro\Tsion,
I was not in favor of making it quite so great as presented. But I am
most decidedly in favor of a homestead exemption. I believe that no
measure can be presented to our consideration more important in the final
workings of the system, and more for the ultimate benefit of the people of
Kansas, than this homestead exemption. I believe, in the first place in
ha%ing a large State, and then in giving permanency to tTTe population of
the State; and I know of no better way to secure these objects, than to
engraft into the Constitution which is to come out [of] here some provision
of this kind. I ask any gentleman to reflect on the consecjuences in this
new State of leaving every man's property to the mercy of circumstances.
Why, sir, a man would not desire to come in here and reside without the
assurance of po.ssessing something permanent for the support of his family.
With reference to those engaged in trade and commerce, their homes, or

• Note. — See correction of this word on * page 221. — Ed.

Tuesday, Jily 19, 1859. 309

their personalty, will be exempt, and this class of men also will be better off,
because of the security of the homes of the farmers. The farmers
strengthen the commerce and trade of the country. And a man who has
160 acres of land, will be more likely also to have something on which an
execution could fasten. But I do not believe in this large credit system.
It just puts everything into the hands of the creditor. I do not know but
one of the most wholesome provisions in the Constitution would be some-
thing like this: that after a certain time — say the first of January, 1S65 —
no debts shall be collectable by law in the State of Kansas. This, I know
is ultra doctrine, but in its genial workings it would be better than prose-
cutions at law, and the sacrifice of property under judgment and execution.
But we only ask for any person who comes into our State and makes a
home for his family that it shall not be swept away from him by any
ruthless intervention. But gentlemen propose to leave to [the] fixing of
this exemption to the Legislature, when it would be Uable to be voted up one
session, and down the next. Sir, if we leave it to the mutations of legislation
there will be no security for the homestead, and we might Uve to see here —
as I have myself seen — the last feather-bed taken away from a family when
there were six or seven children. Mr. Chairman, we want to impart this
security to the agriculturalists of the country, for if its agriculture is not
flourishing and prosperous, every other interest in cIa^I society must sutler.
[*212] If you give no permanence to agriculture, you leave every other
public interest without the encouragement of the government. But it may
be said, this will induce men to come in and settle here who are bank-
rupts at home — bankrupts will come in and secure homes! Certainly, I do
not want to in\-ite these especially, but let us look at it as a system of
policy. If this exemption should be the means of bringing millions of
capital into the State of Kansas — and there nuTht be many who would not
come if they were not embarrassed — but if millions of capital were to come
in to secure homesteads for the unfortunate, I want to know if the influx
of capital inserted in permanent improvements would not be a most
incalculably valuable acquisition to the State! And if bankrupts should
come — does it follow that, because a man has been unfortunate, there-
fore he should not have a house on the footstool of God? It is the aim
as it is also the necessity, not only of the unfortunate, but of all men, to
look out for a habitation for his family — to seek for a home — a fireside —
and it is a most beneficent act in the government to secure the blessings of
home to every man forever. I trust, sir, that by the adoption of this pro-
vision, we shall give to the agricultural interest a prominence and per-
manence in this State, that will soon be known and appreciated thrqughout
the whole country.

Mr. Griffith. It is enough for me to know that the people of this
Territory — Democrats and Republicans — demand at our hands that this
body shall secure for them a liberal homestead; and I think, if we adopt
the proposition of my friend from Douglas (Mr. J. B!ood), the people will
see at once that we are endeavoring to dodge the whole question, because
that would place it in the power of the Legislature to say ten acres, or
five acres, or whatsoever should be the amount of the exemption. But
while I am opposed to the substitute, I am also opposed to the section as
it now stands. I would strike out from the 20th and 21st lines these words:
"not exceeding in value ten thousand dollars, or in lieu thereof, real, per-
sonal or mixed property to an amount not exceeding two thousand dollars."

Mr. J. Blood's amendment was rejected — affirmative 13, negative 25.

310 Convention Proceedings and Debates.

Mr. Burnett proposed to strike out the word "or, in lieu thereof, real,
personal, or mixed property to the amount of two thousand dollars."
When these words shall be stricken out, he said, the section will be the
same as in the Leavenworth Constitution.

It was not seconded.

Mr. Blunt offered as a substitute the following:

"The Legislature shall provide by law for the exemption from forced
sale, except for taxes, of real or personal property not less in value than
seven hundred dollars for each head of a family."

Mr. Blood. Mr. Chairman, while I am in favor of a homestead law, I
am not in favor of the proposition of the committee nor of that of the
gentleman from Bourbon. I think it very proper that we should provide
here for an exemption law. I am opposed to the proposition, that 160
acres of land shall be exempted, because it is not specific in character, and
would operate unfairly and unjustly. For instance, one man might have
his 160 acres of land situated near the city of Leavenworth, that might be
worth twenty or twenty-five thousand dollars, and he would have exempted
from execution that amount of property, whirh could not be made avail-
able for the payment of his honest debts; whilst another man might have
his quarter section of land in the interior, where it might not be worth
more than three or four hundred dollars. Consequently, whilst one man
may have exempted his thirty or forty thousand dollars, another man's
exemption will not exceed three or four hundred dollars. I know, that in
the Leavenworth Constitution this feature was objected to by many — not
that they were opposed to exemption, but because it was not specific in its
character. And I believe, if such a provision is inserted into this Constitu-
[*213] tion *that in the county I represent a great many votes will
be polled asainst it from this very fact. Nor am I in favor of confining
the benefits of exemption to those owning real estate only. I think that
they should be extended to all classes, and that the amount — the minimum
amount which the Legislature may pass upon should be fixed, so that the
person to be benefitted may take his choice between an exemption of real
estate and personal property. Because there are people who own no real
estate — many mechanics and industrious working men, who never own any
real estate. And for one, I do not propose to cut off this class of worthy
citizens from the benefits of an exemption law, and permit the law to
strip them, whilst the man who has invested in real estate is protected by
the law.

Mr. Houston. Mr. Chairman, it is impossible to adopt any great
principle of law that shall be free from all difficulty. The gentleman him-
self proposes to exempt $700. My opinion is that a quarter section of
land in this Territory will not generally sell for more than $500; so the
gentleman proposes really to go further than we do. At all events, if
$700 will buy a majority of the farms in the Territory, his proposition
effects nothing in the way of reducing the exemption. But the gentleman
from Douglas may own his quarter section near some town or city, and
such a man may be rich, and still his property cannot be touched. But
should the great interest of agriculture be nedected, because there are
a few such cases? Should we not rather hold out inducements to the
people to enlarge the agricultural interest? It is the true policy of the
State to foster the agricultural interest — to give it strength and permanence,
in order that the mechanics, lawyers, doctors and merchants may have
something to subsist upon. The gentleman says he wants to have all men

Tuesday, July 19, 1859. 311

share equally in the benefits of this exemption; and he objects to this
because there are niany landless — many who prefer to rent, and never
own land. There may be a difficulty here. But I think the Legislature
can provide for that. And I think here, that the agricultural interests are
so transcendently important that they merit our special attention.

Mr. Griffith. The object, sir, is not [to] throw obstructions in the
way of the creditor collecting his debts. I would be the last man to
advocate such a thing. But we desire this homestead clause, because we
wish to see recognized the broad principle of every man's right to his
home, and because we wish the family — the wife and children protected
from the effects of imprudence and from misfortune, and because we do
not wish to throw the helpless completely into the power of the crechtor.
I am opposed to the exemption of personal property. I believe that per-
sonal property and moral worth should be a man's means of credit, and
not his home, which is for the well being of his wife and children. I hope
the Convention will accord the right to every family to have a home that
shall be protected against misfortune. I think the people demand this
at our hands; and, sir, if we dodge this issue by referring this principle
entirely to the Legislature, or by incorporating a worthless principle, I
think we shall be held to an account for it. I do not care so much what
may be the specific value of the homestead. We labor for the protection
of the home of the family, let it be worth more or less.

Mr. Lamb. Mr. Chairman, I am instructed by my constituents to
throw my little influence in favor of a homestead, and my reason for
doing so is about this: we consider that every individual is entitled to
the air he breathes, the water he drinks, and to some place on God's green
earth that he may call his home. Some seem to conclude, that if there is
granted to every man the legal protection of a home for his family, there
will be no chance for his creditors. Mr. Chairman, I look upon it in a
different hght. If there shall be a homestead granted to every citizen of
Kansas, as in this proposition, the merchant must be aware of that fact —
[*214] must be aware that the homestead is not comeatable for *debts
under the laws — and so, if he credits a man, it must be upon his honor —
and that is the true foundation of credit. For, if I violate my word, my
credit is gone, and consequently, when I come to get credit again, the trader
says: "No, sir; you have fooled me once, and you cannot get any more
credit here." Taking these considerations — that every family will be secure
of a permanent home, and that there will be less htigation in the country,
I shall support this section.

Mr. Preston. Mr. Chairman, I am in favor of the Homestead prin-
ciple; and would be in favor of some amendment to this section, which
would show no discrimination between men owning farms, and those who
follow other pursuits. I would ask, if a man follow a mechanical business
in preference to a life on a farm — if he is not entitled to a support as
much as the man who cultivates the soil? It seems to me that if we strike
out the exemption of personal property, we shall make an unjust discrimi-
nation between the man of agricultural pursuits and the mechanic and
laborer. I am not in favor of that. Neither am I in favor of the proposi-
tion of the gentleman from Anderson (Mr. Blunt) because it does not
look to the protection of the agricultural interests. It is true that the
provision reported will work unequally in the case of men living near
towns and cities, yet in the great majority of cases it would not be subject
to this objection, and it is proper that the agriculturalists, who form and
constitute the wealth and greatness of the State, should be especially bene-

312 Convention Proceedings and Debates.

fited by this law: and it is also a good provision which secures the home-
stead from alienation, except by the consent of the wife.

Mr. J. Blood. Mr. Chairman, I offered my amendment, not because I
was opposed to a liberal exemption, but because I cannot believe it is proper
to insert into the Constitution any proposition which might be just as
properly left to the Legislature. In fact, I believe I would myself be in
favor of abolishing all laws for the collection of debts. I believe it would
be better for the people of the State in common — both for the debtor and
the creditor — if there were no laws for the collection of debts. But my sub-
stitute was not offered in consequence of any hostility toward a liberal
homestead exemption. I agree with the gentleman from Shawnee (Mr.
Greer) that mechanics and others, not owners of real estate, are entitled
to an exemption to a reasonable amount. T have no special objection to
the section reported, if its benefit be extended to this class — and, if such a
provision must be inserted in the Constitution.

Mr. Burnett. Mr. Chairman, the gentleman from Shawnee (Mr.
Greer) says there is nothing here for the protection of the mechanic and
the merchant, but I see here this clause: "or a house and lot, not exceed-
ing two thousand dollars in value." If a man live in town, and carry on
his business in a town or city, and chooses to put his property into this
shape, here is a provision that applies to his case. I take it, sir, that the
idea of a homestead, is a home for the family, and if a man does not choose
to avail himself of the privilege and benefit of the law, who is to blame but
himself? Certainly, it is not the law.

Mr. Blunt's amendment was rejected, and the question recurred on Mr.
Winchell's.

Mr. President Winchell. Mr. Chairman, in offering my amend-
ment, I did not intend that it should work injustice. I should be in favor
of any clause by which this provision could be made to apply to families;
and as it occurs to me that my amendment might prove injurious in the
case of widows and widowers, I therefore ask leave of the Convention to
withdraw it.

Mr. Griffith proposed to amend, by inserting after the word "land,"
in the 19th line of the report, these words: "or used for agricultural pur-
poses."

[*215] *Mr. Winchell. Does not the word "homestead" sufficiently
define the word "land?"

Mr. Thacher. Mr. Chairman, the object to be gained here is this —
and the argument of those opposed to the homestead show it — it proceeds
upon the supposition that every man ought to have a home — a sufficient
amount of land to secure his family from want on account of forced sale
on execution. But a man should not be permitted to exempt too much
under the guise of a homestead. I should be loth to see the section pass
in this shape, because it protects property, under the guise of a home-
stead, which is not a homestead. I should prefer the exemption of land to
the value of two thousand dollars. Most farms of one hundred and sixty
acres, five years hence, will be worth more than two thousand dollars. I
would rather abolish all laws for the collection of debts, than that the sec-
tion should pass in its present shape. I think a two thousand dollar ex-
emption would be ample, and more than ample in most cases. It is greater
than the exemption of any State in the Union. I think, also, that it should
be a homestead, proper, and not all sorts of property. We ought not to

Tuesday, July 19, 1859. 313

allow a man to gather around him horses and cattle, and call such a home-
stead,

Mr. President Winchell. Mr. Chairman, I have a word to say in
favor of the homeless. I have always been in favor of providing a liberal
homestead for all. I am not, however, in favor of indicating here how
much that exemption shall be. I would place the right of a man to the
soil, on the broad basis of a boon or a blessing, which shall remain to a
certain extent above the power of legislation; and I would secure an un-
limited homestead, so far as value goes, because a man's right to his home
is inalienable. It should be so much land — it matters not whether the
value is one dollar or one thousand dollars per acre. He obtains no more
than a subsistence in either case. Sir, I am in favor of homes for all —
homesteads for all. At the same time, I am not in favor of enacting an
exemption law under this head. That is a matter with the Legislature.

Mr. Wrigley offered as a substitute the following:

"Exemption laws from forced sale under any process of law shall only
accrue to the benefit of resident householders; and in no case shall an
amount of property, real, personal or mixed, of value exceeding one
thousand dollars, be so exempted; but no property shall be so exempted
from sale for taxes or for the payment of obligations contracted for the
purchase of said premises, or the erection of buildings thereon."

Mr. Hutchinson moved to lay it on the table.

The Chair decided that a motion to lay an amendment on the table,
carried with it all the amendments.

Mr. Thacher. I appeal from that decision.

The House divided on the appeal — affirmative 8, negative 15 — no
quorum voting.

The Chairman. The Chair is not sustained, neither is Jefferson. (Jef-
ferson's Manual.)

Mr. Hutchinson. I withdraw the motion to lay on the table.

Mr. President Winchell. I rise to a point of order. The point I wish
to make is, whether there is any table in committee of the whole, under
our rules?

The Chairman. I presume that the precedents we have ourselves estab-
lished should be adhered to, in the absence of any positive rule to the con-
trary, and the Chair will so hold.

Mr. Wrigley. Mr. Chairman, I did not think there was anything so
monstrous in my proposition as to induce any gentleman to manifest a de-
sire to lay it on the table. I think it embraces the correct doctrine. I will
read it again. (Reads). Sir, I am in favor of this. I think the original
proposition is decidedly mischievous in its character. Let us look at it.
Every member, I presume, will agree with me, that it is not the province
[*216] *of this Convention to legislate but to define the powers and
duties of legislation, and there its duties terminate. And I think it must be
apparent to every member, that this is an act of legislation — that passing a
homestead bill is legislation, and not matter of Constitutional enactment.
And then, what would be the effect of such a law, suppose it to be in-
corporated into the Constitution? — a homestead of one hundred and sixty
acres, or else a house and lot, not exceeding two thousand dollars in value?
Suppose that one hundred and sixty acres should lie adjoining the city of
Leavenworth — there would be a property of the value of fifteen or twenty
thousand dollars exempt from execution. It makes no discrimination

314 Convention Proceedings and Debates.

between the value of lands exempted in different localities. I entirely
agree that that provision of law should be made to protect the home of the
family of every bona fide resident, yet I think that a homestead law should
be general and equal and uniform in its operation, and that no such law
should exempt property of more value in one man's hands than in another's.
But, sir, under the provision reported, you might have your one hundred
and sixty acres, worth fifty thousand dollars, exempted, whilst mine might
not be worth one thousand; and you might be wealthy, with money in
bank, and although you might be owing ten thousand dollars, it could not
be collected, and your fortune in money and lands could not be touched. It
seems to me, sir, that whatever homestead law is passed, it should be with
restrictions — such as shall make it uniform in its operation, exempting an
equal amount of property in all cases. I think, sir, it is manifest, that this
section exempts too much — that so large an exemption would operate in-
juriously, by rendering it impossible to collect debts. It would ruin the
credit and close up the business of many a worthy and enterprisinq: man.
It has been said by gentlemen in favor of this provision, that it would pre-
vent the collection of debts contracted after a certain time. I have no
doubt that its operation might prove beneficial to perhaps a majority of
the members of this body. I know it would be a benefit to me. But the
question might still arise, whether such a sweeping exemption would be a
wholesome provision for all. But my substitute, while it leaves it in the
power of the Legislature to exempt a suitable homestead, restricts them so
that they shall not exempt property to such an extent as to prevent the
collection of debts. I believe that the proposition I have offered would
authorize an exemption as liberal as that of any State in the Union. I
know that in the State of Indiana only three hundred dollars are exempted
— and this question has been considered there for many years, both before
and since the adoption of their new Constitution. Aly provision would
authorize a suitable homestead exemption, and at the same time restrict
improvident action of the Legislature in this direction. It is strictly a
constitutional provision, devoid of anything that can be called legislation on
the subject.

Mr. Stiarwalt. Mr. Chairman, I shall vote against the substitute, for
the reason that it would give no man a homestead. It would exempt a
thousand dollars; but if a man's home were worth twelve hundred dollars, it
would sell him out. I say, sir, if a man is to have a homestead, let him
have it — let it be his own. I am not in favor of exempting one hundred
and sixty acres, but I would be in favor of half that — I would exempt eighty
acres; and, sir, if he has been so fortunate as to get his land in a good
place, it does not amount to anything how he got it, or where he has it.
I would like to have a homestead law. But if we cannot get that, let it be
an exemption law. Let us not tell the people we have a homestead, when
it is not permitted that a homestead may be authorized.

Mr. Griffith. Mr. Chairman, I want to offer a few reasons why I
[*217] shall not go for the propo*.sition of the gentleman from Doniphan
(Mr. Wrigley). I believe the exempted land should not be made an object
of speculation. I believe that a homestead of 40 acres should be exempted
from every kind of legal process. And I fancy that there could be no
better state of society formed than that which would allow every family
to possess 40 acres of well cultivated land. But the amendment does not
propose to exempt land. I wish gentlemen to discriminate between the
amendment of the gentleman from Doniphan and the original section.
The gentleman from Doniphan presents an exemption law, whilst the propo-
sition of the Committee presents a homestead law. This is the difference

Tuesday, July 19, 1859. 315

between the two; and I hope the Convention will place itself upon the
broad principle, that every family in the State ought to be piotected in
the possession of a homestead. Another objection is, that the amendment
does not recognize the joint ri^ht of the husband and wife. The propo-
sition of the gentleman from Doniphan recognizes no such principle: and
I hope the Convention will recognize the wife's right to the actual control
of the homestead. I hope we shall be liberal enough to see that the mother
of the family shall have a voice in the alienation of the homestead, and
that we shall not leave this to the rapacity of legislation.

Mr. President Wixchell. Mr. Chairman, I desire to call attention to
another wide distinction between the amendment of the gentleman from
Doniphan and the section in the report. The proposition of the gentlenaan
from Doniphan is altogether restrictive in its character. It is the spirit of
the section, as it stands here in the report, and to which the Convention
has agreed, that the family shall be protected in the enjoyment of a home.
The gentleman's proposition restricts the Legislature, and provides that
they shall pass an exemption law, not above a certain amount. The one
contains the guarantee of a home to be protected by law, whilst the other
is altOTether restrictive — intended to limit the action of the Legislature,
and in fact defeat the measure.

Mr. Wrigley's amendment was rejected.

The question recurring on the motion of Mr. Burnett to strike out cer-
tain words, it was agreed to.

Mr. Foster submitted the following by way of substitute:

"The homestead of a family, not exceeding SO acres and not included in
any city or village, nor exceeding one thousand dollars in value, or instead
thereof, any lot or lots in any city or village, being the homestead of a
family, and not exceeding in value one thousand dollars, shall not be sub-
ject to forced sale on execution for any debt or debts contracted after the
adoption of this Constitution; Provided, no such property shall be exempt
from sale for taxes, nor shall in any manner affect any mechanics' or
laborers' lien, or any mortgage thereon lawfully obtained."

Mr. Hutchinson. ]\Ir. Chairman, we are now providing for a home-
stead law, and this is widely another thing. It proposes, not a home-
stead, but an exemption law. Have not the committee decided whether we
will have a homestead or an exemption law ?

Mr. Griffith. Mr. Chairman, I see here the same objection I had to
the proposition of the gentleman from Doniphan — that is, the exclusion of
the voice of the wife in the alienation of this property. I hope the Conven-
tion will take the position that the woman, as well as the man, shall have a
voice in this matter. I hope that we shall take the position that a reckless,
drunken husband shall not have the power to alienate the home of his
family. Many a man takes advantage of this power. But I hold, sir, that
we should adopt a different principle. The object is to protect the poor,
the weak, the orphan children and the destitute mother of the family, and
I hope the Convention will not adopt any proposition that does not broadly
reco^nize this principle.

Mr. Foster's amendment was rejected.
[*218] *Mr. Stinson proposed to amend the section by adding the fol-
lowing :

"Provided, such exemption shall not operate until the person claiming
the benefit of the same shall record on the Deed Book of the Register's office
in the county where the property to be exempted is situated, a description

316 Convention Proceedings and Debates.

of said property sought to be exempted, and a notice, of the intention of
such person to claim the benefit of such exemption, and such exemption
shall not apply to debts contracted prior to the time of such record."

Mr. Hutchinson. Mr. Chairman, I move to amend the amendment by
striking out the last member of the last sentence: "and such exemption
shall not applj' to debts contracted prior to the time of such record."

There was no second.

Mr. President Winchell. Mr. Chairman, I was at first rather in favor
of this amendment of the gentleman from Leavenworth (Mr. Stinson). It
seems to me no more than reasonable that pubhc notice should be given of
the intention to exempt property. But when I reflect that the object is to
protect the family, and not the head of the family merely — and when I
reflect that, in a majority of cases, the head of a family most needing this
protection, through carelessness might neglect the proposed registry, it
seems to me that the amendment would be tantamount to a defeat of the
proposition. I am also informed of the practical working of this very
feature, in the State of AJaine, by a gentleman who hails from that State —
that practically it prevents the operation of the homestead law, because
the registry is not attended to. I therefore oppose the amendment.

The proviso was rejected.

Mr. Thacher moved to insert the words "not to exceed $2,000 in
value."

I\Ir. Houston. Mr. Chairman, I hope this amendment will not be
adopted. I feel an earnestness in this matter. What will be its practical
eflfect? Instead of giving permanency and value to the homestead, its
effect will be to leave all to the uncertainties of legislation. Suppose you
say the homestead shall not exceed a certain value; will not the man who
lives on his land and is involved in debt be compelled to curtail his im-
provements for fear of execution? Yes, sir, his place will go into dilapida-
tion. What is the object of giving security to a homestead? It is to give
permanency. Then let us give the highest possible value to the land to be
exempted; for that would be to aid the great agricultural interest. Sup-
pose you allow me one hundred and sixty acres with improvements, and
suppose their value to extend to 810,000, I want to know if the State of
Kansas would not be better off. Sir, I go in for a great State and for the
encouragement of improvements — for allowing every man who is a man of
taste to improve his house to the utmost, instead of compelling him to
neslect his home. I do not want to make Kansas the meanest State in the
Union.

Mr. Hubbard submitted the following:

"A homestead of eighty acres of land, or in lieu thereof a house and lot
not exceeding in value one thousand dollars, or in lieu thereof real, personal
or mixed propertj^ to an amount not exceeding one thousand dollars" — and
the balance of the section as read.

It was laid on the table.

Mr. Greer. Mr. Chairman, I move to strike out the words "belonging
to any one family" and insert "belonging to the head of a family." I do
this for the reason that I conceive, in the legal construction of this language,
that the homestead belonging to any one family would not cover the land
as belonging to the family.

The amendment was agreed to.

Mr. Ross. Mr. Chairman, I move to insert in hne 19, after the word
"law," these words: "with the improvements thereon."

Tuesday, July 19, 1859. 317

Mr. President Winchell. Mr. Chairman, I move to reconsider the
[*219] vote by which the words *"any one family" were stricken out.
I desire to know whether the phrase "head of a family" does not apply to a
single man or a single woman? The opinions of lawyers, it seems to me,
divide upon this question. I made inquiry of a lawyer as to whether a
young, unmarried man could be regarded in law as the head of a family,
and he assured me that he could not. Another lawyer gave it as his opinion
that he was, and so 1 became very much confused in my judgment about
this. It seems to me, however, that if it is proper for an unmarried man
to have a homestead, it is entirely right and proper that an unmarried
woman should have the same right. 1 desire to have this legal question
settled.

Mr. Wrigley. Mr. Chairman, if I were consulted on the case I should
say that in my judgment a single man may be the head of a family.

The vote was considered,^ and Mr. Greer's amendment was rejected.

Mr. McDowell offered the following by way of substitute:

"The Legislature shall provide by law for the exemption of forced sale,
except for taxes, mechanics hen and mortgages or other lien for the pur-
chase of many a homestead, to every head of a family, not exceeding in
value two thousand dollars."

It was laid on the table.

Mr. Stinson offered the following by way of substitute:

"The Legislature shall pass a reasonable homestead exemption law, and
may pass other reasonable exemption laws."

Mr. Stinson. The difference between this and the other substitute is,
that mine gives a reasonable discretion to the Legislature in relation to the
passage of an exemption law, and is mandatory with regard to a home-
stead exemption; whilst the other is merely peremptory in requiring the
passage of an exemption law.

Mr. KiNGM.\N. If the President of this Convention, before this com-
mittee, was in doubt as to the legal significance of the language of this
section, it might be easily presumed that one of the humblest members of
this body might be in the same condition with regard to the amendment.
I should Uke to know what a reasonable homestead would be? In the
opinion of the gentleman from Doniphan (Mr. Wrigley) it is eighty acres
of land. In the opinion of the gentleman from Bourbon (Mr. Griffith) it
is one hundred and sixty acres. It seems, sir, that a good deal would de-
pend upon the particular notions of gentlemen in their decisions upon this
que.stion. I am afraid, sir, that this whole section is defective for want of
that certainty in construction and meaning which should characterize all
legal enactments.

The substitute was laid on the table.

Mr. Th.^cher. It seems to me that as the section now stands the man
and wife may give a mortgage on their land, and yet it would be impossible
to sell it under process of foreclosure. Therefore I \\'ish a clause to be
added to this effect: that the exemption shall not extend so far as to
invahdate a mortgage or lien. I would add these words:

"Provided, That the provisions of this section shall not apply to any
process of law obtained in virtue of a hen given by the consent of both hus-
band and wife."

' Note. — Probably "reconsidprpd," as the motion was to reconsider the vote by which
Mr. Greer's amendment was adopted. — Ed.

318 Convention Proceedings and Debates.

Mr. Kingman. Mr. Chairman, I have an argument against this. Gen-
tlemen do not seem to take the distinction between a homestead and an
exemption law. The object of a homestead law is very unlike that of an
exemption law. And I think the amendment proposed is calculated to de-
feat the homestead principle. I think tliat is its object. It is within the
recollection of many when it was the settled policy of many of the States,
that the land should not be subject to sale for the payment of debts. But
the commercial interests of the country by their power and skill produced
a change which has subjected the farms and homes of the people to be sold
under execution, and so nearly converted our people into a class of nomads.
[*220] I want, if possible, to ^restore the old policy — to change back
again — so that every man or woman, if he plants a tree or she cultivates a
rose — that both may beautify and adorn their homes as they may choose,
and have the benefit of the protection of the law. But if we put it in the
power of the husband or the fortunes of trade to convey by lien or mort-
gage, the grasping creditor will take away the homestead. I want to sep-
arate this subject from anything Uke the consideration of an exemption
law. I approach this as a great measure which rises above all considera-
tions of the rights of debtor and creditor. I abhor an exemption law. This
is not of the same nature. This is to go forth, the promulgation of a great
principle, that shall encourage the cultivation of the soil. The case was
well illustrated by the gentleman from Ri'ev (Mr. Houston); and though
it v/ould be impossible for me to emulate the flights of his fancy and the
boldness and strength of his doctrine, I am not therefore restricted as to
my full share of feeling and anxiety for the success of this most important
measure.

Mr. Greer. Mr. Chairman, if it is understood that the homestead ex-
emption has the legal effect to take away from the family the power to d's-
pose of it, then any conveyance, whether for commercial purposes or for
any other account, would be invalid. Such a provision would be equivalent
to a surrender of the title of the owner, or to give a mere life lease with the
right of descent to the offspring. I prefer the section as it is. There
should be no question about the right to dispose of the property.

Mr. Blunt. Mr. Chairman, I wish to inquire whether the objection
made by the gentleman from Douglas (Mr. Thacher) is not provided for in
the 22d line, in this clause: "and shall not be ahenated without the consent
of the husband and wife." It appears to me, sir, that that would cover the
case of any mortgage. If it does not, however, I will go for the proposition
of the gentleman from Douglas.

Mr. Stinson. Mr. Chairman, I hope it may prevail, if for no other
reason to relieve the people from debt! ! ! This is intended and will go so
far as to prevent any sale under process of law; and it is well known that
in the case of a mortga"-e or trust deed the creditor would be forced into
a court of equity. I hold, sir, that to pass this would be an act of oppres-
sion against those petitioning and claiming the benefit of this exemption:
for it adds a disability instead of giving a privilege.

Mr. J. Blood offered as a substitute for the section the following:
"A homestead not exceeding one hundred and ^ acres of land, or in
lieu thereof a house and lot or lots, in any city or village, owned and
occui)ied by any resident of this State, shall not be subject to forced sale
on any execution for any debt or debts growing out of, or founded upon
contract either express or implicit.

' Note. — Probably he omitted the word "sixty." — Ed.

Tuesday, July 19, 1859. 319

"Provided, That such exemption shall not effect in any mortgage thereon,
lawfully obtained; nor shall the owner, if a married man, be at liberty to
alienate such homestead unless by consent of his wife."

Mr. Preston. Mr. Chairman, I do not see, perhaps, exactly the point
in the amendment of the gentleman from Douglas (Mr. J. Blood) ; but, if
I do, it seems to me entirely out of place. What is meant by this phrase in
the 2d line of the original report: "and shall not be alienated without the
just consent of husband and wife"? If that does not cover the ground
asked for, I do not know what meaning we are to attach to words.

Mr. Hutchinson. Mr. Chairman, it seems to me this word "just" is
unnecessary, for we are obliged to suppose that whatever is legally con-
veyed is just, unless we can conceive of an unjust consent.

Mr. Griffith. Mr. Chairman, I presume it is a misprint — that it
should be "without the joint consent."

Mr. Thacher. Mr. Chairman, the first clause of th's section provides
[*221] absolutely that one hundred and sixty acres shall be exempt *from
forced sale under any process. This is clear and explicit, and the question
is, whether any difficulty might grow out of what follows; for these are
conditions which cannot be escaped. The next clause to which the gentle-
man refers, if it really does mean what he says, and the courts would so
construe, I should not have offered the amendment. But with, this clause
standing as it does, it seems to me as if any lien or trust that might be
created upon the homestead would be governed only by the first part of
the section. And I think the Convention has determined that a homestead
shall not be alienated in any way. It makes no difference to me, sir, but
I wish the Convention to say whether the man and his wife cannot give a
mortgage that shall be valid. I wish the expression of opinion here.

Mr. Burnett. Mr. Chairman, believing the word "just" here is a
clerical error, which ought to be printed "joint," it seems to me that will
ob\aate the gentleman's difficulty.

Mr. President Winchell. Mr. Chairman, it seems to me that after a
long discussion we have reduced this section to a satisfactory shape; and
that we should not now introduce new propositions involving the risk of
disarrangement and defeat of the measure. Hence I am opposed to the
amendment of the gentleman from Douglas.

On motion by Mr. Burnett, the amendments were laid on the table —
affirmative 17, negative 16.

Mr. Ingalls offered as an amendment, the following:

Insert after "law" in line 22:

"Provided, That no person shall ever receive the benefits of this pro-
vision on more than one tract of land."

Mr. Ingalls. Mr. Chairman, I offer this amendment, believing that it
recognizes a principle of security for the home, which will favorably affect
the agricultural interest. I might object to the section as it now stands, as
being subject to a false construction; for it provides that the land shall be
exempted from forced sale under any process of law, and yet, at the same
time it provides that it may be alienated by the joint consent of the hus-
band and wife. The object of my amendment is to prevent the sale of the
homestead and investing the proceeds in any other piece of land, and so
far preventing alienation by confining the exemption to one piece of
land.

On motion by Mr. Hutchinson, the amendment was laid on the table.

320 Convention Proceedings and Debates.

j\'Ir. McDowell. Mr. Chairman, in the 21st line are these words:
■'belonging to any one family." I desire to ask the Chairman of the Com-
mittee that made this report, whether he intended the title should rest
jointly in all the members of the family, or whether [he] intended it should
vest in the head of the family, or any single member thereof? I think there
is ambiguity or uncertainty here, and that the clause should be made more
definite and specific. It seems to me that it should belong to the family,
and not to any "one" of the family.

Mr. Houston. Mr. Chairman, I do not know that the attention of the
committee was called to that. We do not claim the honor of originating
the section. I believe it is borrowed from the Leavenworth or the Ohio
Constitution. I voted for the amendment of the gentleman from Shawnee
— to make it the head of the family. I confess that perhaps I do not pre-
cisely understand the legal force and effect of the language employed, and
I am glad that the attention of members has been called to it.

Mr. J. Blood. Mr, Chairman, I move to amend the section by striking
out the words "not exceeding two thousand dollars in value."

Mr. Thacher. Mr. Chairman, I move to strike out the words "by law,"
so that it will read: "shall be exempt from forced sale under any process of
law." If these words are retained the clause goes upon the supposition
that the Legislature must proceed to pass a law whereby the homestead
shall be exempted — whereas we are making a positi^"e provision here to
that effect.
[*222] *The motion was agreed to and the words were stricken out.

IMr. Greer proposed to amend further by striking out the words "be-
longing to one family" and inserting the words "to be selected by the owner
thereof."

Mr. PREsmENT Winchell. Mr. Chairman, it appears to me that the
words "belonging to any one family" cannot strengthen the security we
desire here. I cannot conceive how a homestead of one hundred and sixty
acres can belong to the faction of a family.

Mr. J. Blood. Mr. Chairman, I move to amend the amendment by
striking out the words "to be selected by the owner thereof."

The amendment to the amendment was agreed to, and so the section as
amended was passed.

On motion by Mr. Blunt the committee now rose, and the Chairman
reported the Article with these several amendments to the Convention,
recommending their adoption.

On motion by Mr. Slough, the Article and amendments were taken up.

The amendment to the first section (Mr. Kingman's) was read, viz:

"The people have at all times a right to change, alter or modify their
Constitution, or form of government, in any manner they shall see proper."

Mr. Stinson. Mr. President, I move to strike that out.

Mr. Houston. Mr. President, what would be the effect of a provision
of this sort upon that other provision in this Article pro\dding for a par-
ticular mode and manner of amendment to the Constitution? Here it is
said that the people may change, alter or amend their Constitution when-
ever and however they please. I would be glad to hear gentlemen explain
how these would harmonize.

The motion was agreed to, and the matter was stricken out.

The first section was then read, as originally reported.

Tuesday, July 19, 1859. 321

Mr. McDowell. Mr. President, I move to strike out "one newspaper"
and insert "two newspapers."

Mr. Thacher. How would the gentleman get two newspapers when
there are not two newspapers published in the county?

There was no second.

On motion by Mr. Kingman, '•ayes and noes" were changed to "yeas
and nays" by unanimous consent.

Mr. Blunt made an ineffectual motion to strike out "two-thirds," in
the phrase of "two-thirds of all the members elected to each House," and
insert the word "majority" in lieu.

The section was then passed.

Section 2 was read and passed as reported.

The homestead section was then read, as amended, and the yeas and
nays were demanded on its adoption.

Mr. Griffith. Mr. President, I wish to know what will be the effect
of the clause introduced by the gentleman from Douglas (Mr. J. Blood)
in these words: "which shall be selected by the owner thereof?" Is it
that the owner shall make his selection and have it recorded? I rise
simply to inquire of those who understand the legal force of this language.
I do not pretend to be a lawyer.

Mr. WnioLEY. Mr. President, the yeas and nays having been called
upon the adoption of this section, I desire to say that I shall vote aga-nst
it: and I desire to offer a few reasons why I shall vote against it. But
I do not believe that the members of this Convention have been selected
for the purpose of legislating for the people of Kansas. And while I
perfectly accord the right of exemption, and while I believe it is the
intention and desire of the people to have a constitutional provision of
this kind, yet, for my part — and I speak only for myself — I have no hesi-
tation in entering my protest against it. I have no doubt but that, tem-
porarily, it will be a popular measure. But I am one of those who believe
that the members of this Convention occupy a position which should
[*223] *not be affected by any mere feeling of temporary', popular ex-
citement. We should confine ourselves to the duties devolved upon us.
We should not wander away from our duties, but strictly discharge them.
As I said before, I do not understand that the members of this Convention
are called upon to legislate for the people of Kansas. I think it would
be just as proper for this Convention to pass any other act of legislation,
as to pass this homestead — just as proper for them to go on and enact
the whole code of civil procedure. There is nothing in the whole range
of legislation that we might not enact as well as this; and therefore I
oppose it. And while I believe that it is within the province of the Con-
vention to lay down the general principles of government, prescribing and
restricting the powers of legislation, I do not believe it is our duty, or our
right, to go into the minutiae of legislation. I oppose this proposition, be-
cause— while I believe it is quite popular among the people, I am willing to
go before the people and defend the position upon which I stand. For I
wish to be distinctly understood, that I am not opposed to a reasonable
exemption against execution for the collection of debts. I am not opposed
to securing to every bona fide householder a home for his family, which
the shylocks cannot reach. Yet I am opposed to any such law which shall
not be equal and uniform in its operation — which is passed for the benefit
of one class of men more than another. Here, sir, you have one hundred
and sixty acres of land exempted from execution. And while I agree with

21 — 778

322 Convention Proceedings and Debates.

the gentleman from Douglas (Mr. J. Blood) in the exposition he has
made, and while I concur in the amendment he has attached, — still, it was
of no importance, as I conceive, whether this amendment were attached or
not; for I denj^ the right of this Convention to say to any citizen of
Kansas that he shall not be left to his freedom of choice in such a case;
and I say, if the amendment had not been adopted, and the section were
to pass without it, it would only constitute an indication that this Con-
stitutional Convention were attempting to do what it was not in their
power to do.

But again: you give to every family one hundred and sixty acres. I
believe it would have been far better to have dven it to every resident
householder, as proposed in my substitute which was rejected; and al-
though I do not expect to change the views of members now, I desire to
place myself right upon this record, out of which gentlemen seem to be
disposed to make political capital. "Resident householder" has a well
defined meaning. It may refer to a man or a woman, married or single,
with or without a family. But it will be very difficult to decide who will
be entitled to hold the homestead under this section. Gentlemen say they
are willing to leave that to the Courts. Very well. But I am opposed to
this section upon principle. I oppose it because I believe that no such
homestead ought to be adopted. I believe that every man ought to pay
his honest debts. But whilst I admit that, I think that the law ought
to shield every man and his family from the rigor of creditors to the
extent of exempting from execution a reasonable amount of land, or a
reasonable amount of personal property — and I also think that this is
within the province of legislation and constitutional enactment. But to
pass a provision like that before us, would be almost in derogation of
that fundamental principle that laws shall not be passed to destroy the
obligations of contracts; for when you take away the means of the collec-
tion of debts, you, in effect, destroy the obligations of contracts. I am
satisfied that the people of Kansas will see the time when it will be neces-
sary to change this. One of its effects will be to ruin our credit abroad.
It will also prevent the use of foreign capital in our State. If the ob-
ject had been to destroy entirely the credit of all the people, it could
not have been more effectually accomplished. And whilst I admit the
[*224] *credit system has been frequently and greatly abused, and that
it requires legal safeguards, still it is of great benefit to the people. But
I am opposed to this provision because it is not uniform in its operation.
You give every man a homestead of one hundred and sixty acres, with all
improvements — it matters not how great is their value. It may be sit-
uated adjoining Leavenworth, Lawrence, Wyandotte, or any other city,
and it may have the value of ten, fifteen, twenty, or even fifty thousand
dollars, still it will be all exempt from execution. Such a property, sir,
could hardly belong to an oppressed cultivator of the soil; whi'st many a
homestead of one hundred and sixty acres, in the hands of the really poor,
would not be worth more than five hundred dollars. I say, sir, that a
homestead law should be uniform in its operation, and because this sec-
tion is not, I have opposed it and shall vote against it.

Mr. J. Blood. Mr. President, I am anxious that this section should be
made as perfect as it can be done by the Convention. The words in-
serted by myself at that time — "to be selected by the owners thereof"—
were hastily proposed; and upon consideration, it seems to me that they are
justly oljjectionable. I propose now, therefore, to strike them out and in-
sert in lieu thereof the words "owned and occupied by any resident of this
State."

Tuesday, July 19, 1859. 32o

The amendment was adopted.

Mr. Ingali.s moved to insert the words "not to exceed twenty thousand
dollars in value."

Mr. Burnett proposed "two thousand."

These were laid on the table.

Mr. McDowell. Mr. President, whilst I approve the great principle of
exempting the homestead, 1 cannot endorse the section as reported, and as
it now stands. 1 think, sir, that we are legislating too much in the Consti-
tution, and that this whole matter belongs to the Legislature. Believing
that the Legislature is the proper body to pass upon this matter; and be-
lieving that the section before us is unjust and partial in its character, I
propose the following substitute for the section, wliich I will read, by the
permission of the Convention:

"The Legislature shall provide by law for the exemption of a home-
stead in favor of every head of a family from forced sale, except sales upon
mechanics' liens, mortgages, or other liens for the purchase money, and
sales for nonpayment of taxes ; such homestead not to exceed two thousand
dollars in value."

Mr. Ingalls. Mr. President, I wish to strike out the words "belonging
to any head of a family," and insert "belonging to any resident house-
holder."

Mr. Griffith. Mr. President, I ^^^sh to make a single remark. Every
amendment from the other side seems to be intended to defeat the great
principle, that the woman, the wife and mother, shall have control of
the home. I hope that the Convention will be careful that the homestead
clause here shall recognize this right clearly.

Mr. McDowell. ]\Ir. President, the gentleman, perhaps, misunder-
stands the definition of the phrase "head of a family." The Courts in the
State of Ohio have decided that their homestead provision which contains
this phrase, apphes as well to the woman as to the man. I am willing,
however, that the word "woman" should be inserted. Of course there is no
intention to exclude the woman, for that would destroy the object.

Mr. Burnett. I move to lay the amendment on the table.

Mr. Slough demanded the yeas and nays, and the same being seconded,
ordered and taken, resulted — yeas 26, nays 22 — as follows:

[*225] *Yeas— Messrs. Burnett, Burns, J. Blood, N. C. Blood, Crocker,
Dutton, Graham, Griffith, Hutchinson, Houston, Ingalls, Kingman, Lilhe,
Lamb, Middleton, McCullough, Preston, Palmer, Ritchie, Ross, Signor,
Stokes, Simpson, Thacher, Townsend, Wilhams — 26.

Nays — Messrs. Arthur, Blunt, Brown, Barton, Foster, Forman, Greer,
Hippie, Hubbard, Hanway, Hoffman, ■N'^oore, McDowell, McCune, Mc-
Clelland, Parks, Slough, Stinson, Stiarwalt, J. Wright, Wrigley, T. S.
Wright— 22.

So the substitute was rejected and the question recurring on the adop-
tion of the section —

Mr. Thacher demanded the yeas and nays.

Mr. Blunt. Mr. President, I merely wnsh to state briefly the reason of
the vote I am about to give upon this proposition, which seems to create
considerable feeling. While I am willing and anxious that a certain amount
oi property should be exempt from forced sale; and while I am anxious
that the benefits accruing — that this exemption shall extend to all classes

324 Convention Proceedings and Debates.

of persons; and I have made an effort to secure such a provision in thi.s
Constitution — yet the proposition now before us, on which the vote is to
be taken, goes farther in the way of exemption than we are warranted in
going, and consequently I shall be under the necessity of voting against it.
The yeas and nays being ordered and taken on the adoption of the sec-
tion as amended, the result was — yeas 28, nays 21 — as follows:

Yeas — Messrs. Burnett, Burris, J. Blood, N. C. Blood, Crocker, Button,
Graham, Greer, Griffith, Hutchinson, Hoffman, Houston, Kingman, Lillie.
Lamb, Middleton, McCuUough, Preston, Palmer, Ritchie, Ross, Signor,
Stokes, Simpson, Townsend, Thacher, Williams, Mr. President — 28.

Nays — Messrs. Arthur, Blunt, Brown, Barton, Foster, Forman, Hippie,
Hubbard, Hanway, Ingalls, Moore, McDowell, McCune, ^''^cClelland. Parks,
Slough, Stinson, Stiarwalt, J. Wright, Wrigley, T. S. Wright— 21.

Mr. Ingalls and others submitted under the rule the following ex-
planation :

"We vote against the section because, though we are stronsly in favor
of the widest and most liberal protection to the agricultural interest and
honor of Kansas, we believe its provisions are unjust, invidious, and open
to fraudulent construction.

Jas. G. Blunt, J. J. Ingalls,

Jno. p. Slough, J. M. Arthur,

S. A. Stinson."

Mr. Whigley. Mr. President, is this the time to present the explana-
tion of a vote?

The President. Under the 18th rule, the Chair does not feel at liberty
to permit reasons to be entered upon the Journal after the roll-call has
been commenced.

However —

Mr. Wrigley presented the following, which was admitted to record
under the rule:

"We vote against this section because its passage is calculated to utterly
destroy the credit of the citizens of Kansas, and the law is not uniform
in its operation. c. B. McClelland, E. Moore,

J. W. Forman, Ben.t. Wrigley,

J. T. Barton, S. Hipple,

F. M. Hubbard, F. Brown,

J. Stiarwalt."

Mr. Stokes offered as an additional section the following:
"Sec. 3. The right of suffrage shall be extended to females upon the
following conditions: The Legislature may, at any regular session, provide
for submitting the question of female suffrage, and all persons twenty-one
years of age, and over, who have resided in the State six months previous
to such election, shall be allowed to vote. Ballots shall be prepared with
the words "For female suffrage" and "Against female suffrage," and if a
majority of all the votes cast shall be "For female suffrage," then at all
future elections there shall be no distinction in the qualifications of elec-
tors on account of sex."

[*226] *Mr. Slough moved to lay it on the table.

The motion was agreed to.

Mr. McDowell. Mr. President, I suppose that under the head of
"Miscellaneous" a section including negroes and mulattoes from the future

Tuesday, July 19, 1859. 325

State of Kansas would be properly embraced. I therefore offer the fol-
lowing as an additional section:

"No negro Or mulatto shall come into or settle in this State after the
adoption of this Constitution."

Mr. Ritchie moved to lay it on the table.

The yeas and nays being demanded, ordered and taken thereon, re-
sulted— yeas 28, nays 20 — as follows:

Yeas — Messrs. Arthur, Burnett, J. Blood, N. C. Blood, Crocker, Button,
Graham, Griffith, Hutchinson, Hanway, Hoffman, Houston, Ingalls, King-
man, Lillie, Lamb, Middleton, McCullough, Preston, Palmer, Ritchie,
Ross, Signor, Stokes, Simpson, Thacher, Townsend and Williams — 28.

Nays — Messrs. Blunt, Brown, Barton, Burris, Foster, Forman, Hippie,
Hubbard, Moore, McDowell, McCune, McClelland, Parks, Porter, Slough,
Stinson, Stiarwalt, J. Wright, Wrigley and T. S. Wright— 29.

Mr. Blunt submitted the following, under the rule:

Mr. Blunt. Mr. President, I shall vote against laying the proposition
of the gentleman from Leavenworth (Mr. McDowell) on the table, not
because 1 am in favor of incorporating such a provision in the body of the
Constitution, or because I am in favor of the so-called "black law," but
simply because I think a majority of the people of Kansas — comprising
both those for, and against negro exclusion — expect some action of this
body relative to this matter, and I believe that it has been generally under-
stood that a distinct proposition would be submitted to the people, by a
separate ballot, whether they would, or would not, exclude free negroes
from the State, and notwithstanding I am opposed, as much as any one,
to the principles of a "black law" as being cruel, unchristian and inhuman,
yet I am willing to submit the question to the people for them to pass
upon by a direct vote, thereby giving every one a fair opportunity to ex-
press his will, and let the majority govern. And being as ready now, as
at any other time, to meet this question, and to dispose of it in such
a manner as I think the people demand, I shall therefore vote against
lajring on the table.

So the section proposed was laid on the table.

On motion by Mr. Thacher, the article as amended was ordered to
be printed, and referred to committee on Phraseology and Arrangement.

Mr. Hutchinson. Mr. President, there is a provision in the Leaven-
worth Constitution which I think it proper to have inserted in this article.

The President. It is not in order now.

finance and taxation.

On motion by Mr. Thacher, the Convention proceeded now to the con-
sideration of the article reported this morning from the committee on
Finance and Taxation.

Section 1 having been read by the Secretarj-, viz:

"Section 1. The Legislature shall provide by law for a uniform and
equal rate of assessment and taxation, and taxes shall be levied in such
manner as the Legislature shall prescribe; but all property appropriated
and used exclusively for State, County, Municipal, Literary, Educational,
Scientific and Religious purposes, and two hundred dollars for each head
of a family, shall be exempted from taxation."

Mr. Stiarwalt proposed to strike out the word "and" before "re-
ligious," and after "religious" insert "benevolent and charitable."

326 Convention Proceedings and Debates.

The motion was agreed to.

Mr. Houston submitted the following clause to come in at the end of
the section:

[*227] "Also the real estate and personal property *of widow ladies,
deprived of the right of the elective franchise."

Mr. Slough. I move to lay the amendment on the table.

Mr. Houston. I wish to ask the gentleman to withdraw his motion for
a moment.

Mr. Slough adhered to his motion, and the yeas and nays being de-'
manded and taken thereon, resulted — yeas 28, nays 20 — as follows:

Yeas — Messrs. Brown, Barton, Burris, Foster, Forman, Graham, Greer,
Hippie, Hubbard, Hoffman, Ingalls, Kingman, Lillie, Moore, McDowell,
McCune, McClelland, Palmer, Porter, Ross, Signor, Slough, Stinson, Stiar-
walt, Simpson, J. Wright, Wrigley, T. S. Wright— 28.

Nays — Messrs. Arthur, Burnett, Blunt, J. Blood, N. C. Blood, Crocker,
Dutton, Griffith, Hutchinson, Hanway, Houston, Lamb, Middleton, Mc-
CuUough, Preston, Ritchie, Thacher, Townsend, Williams — 20.

So the amendment was laid on the table.

Mr. McDowell. Mr. President, I desire to add these words: "but the
Legislature shall never levy a poll tax for county or State purposes;" and
I would add a little more if the Convention will give me a moment to write.

Mr. Griffith. Mr. President, is that not provided for in the Legisla-
tive article?

Mr. McDowell. I do not think it is.

Mr. N. C. Blood. Mr. President, in behalf of the committee on the
Legislative department, I would say that it was included in their report.

Mr. McDow^ELL. Then I withdraw the amendment.

So the first section was passed.

Section 2 being read, viz:

"2. The Legislature shall provide by law for taxing the notes and bills
discounted or purchased, moneys loaned, and all other property, effects, or
dues of every description (without deduction), of all banks now existing
or hereafter to be created, and of all bankers, so that all property em-
ployed in banking shall always bear a burden of taxation equal to that im-
posed upon the property of individuals — "

Mr. Hoffman moved to strike out the entire section, and offered as ia
substitute these words:

"The credit of the State shall never be given or loaned in aid of any
individual, association or corporation." . _

Mr. Stinson. Mr. President, I desire to know whether this has not
been provided for in another report? 1 think the gentleman is mistaken.
I do think it is provided for, and I know it was under consideration in com-
mittee for a considerable time, and was discussed at considerable length;
and we all agreed, with the exception of the gentleman from Woodson
(Mr. Hoffman) on this section, which I consider essential to the report.

The amendment was rejected.

Mr. Hutchinson. I move to strike out the words "without deduction,"
included within the parentheses.

Mr. Stinson. Mr. President, the object in inserting these words was
this: we desire that all property held by banks and corporations in this

Tuesday, July 19, 1859. 327

State shall be taxed, no matter whether they are in debt or not. We
regarded it as very important that our banking institutions should be taxed
without deduction on account of debt. Whatever property bankers may
have in the State and do business upon, should be taxed. We have a legiti-
mate right to tax them, and all property should be equally taxed.

Mr. Hutchinson. Mr. President; I think, from the fact that corpora-
tions have no souls, they should not be therefore made v/orse off than indi-
viduals; and no man will deny the reasonableness of the rule for making
a reasonable deduction in the amount of taxables on account of debts owing
by individuals. I think bankers should have the same right.

The motion to strike out was rejected, and so the section was adopted.

Sections 3 and 4 were read and adopted without amendment, as follows :
[*228] *"3. The Legislature shall provide for raising revenue sufficient
to defray the current expenses of the State for each year.

4. No tax shall be levied except in pursuance of law, and every law im-
posing a tax shall state distinctly the object of the same; to which object
only such tax shall be applied."

Section 5 being read, viz:

"o. For the purpose of defrajdng extraordinary expenses and making
pubhc improvements, the State may contract pubhc debts; but such debts
shall never, in the aggregate, exceed one million dollars, except as herein-
after provided. Every such debt shall be authorized by law for some pur-
pose specified therein, and the vote of a majority of all the members
elected to each house, to be taken by the yeas and nays, shall be necessary
to the passage of such law, and every such law shall provide for levying an
annual tax sufficient to pay the annual interest of such debt, and for the
payment, when it shall become due, of the principal thereof; and shall
specially appropriate the proceeds of such taxes to the payment of such
interest and principal; and such appropriation shall not be repealed nor the
taxes be postponed or diminished until the interest and prmcipal of such
debt shall have been wholly paid."

Mr. BuRRis. Mr. President, I move to strike out the words "one
milhon" in the 17th line, and insert the words "five hundred thousand." I
observe that in the next section it is provided that a sum larger than that
may be created by a vote of the people. While I approve of the prin-
ciple of obtaining the sense of the people upon the propriety of creating a
debt, it seems to me best that the Legislature should not be authorized
to run the State in debt, without the authority of the people, to a greater
amount than half a million. It seems to me that would be as great an
amount as would be necessary for the Legislature to run the State in debt.
By the first Iowa Constitution the Legislature was restricted to fifty
thousand dollars, and they got along very well under that pro\asion.

Mr. Stinson. Mr. President, we had this matter under consideration in
committee, and concluded to insert this amount as the least we could get
along with, and carry on our contemplated public improvements. I admit
that, for the ordinary expenses of the State, five hundred thousand dollars
would be amply sufficient. But I do not agree with the gentleman as to the
appropriateness of his comparison of Kansas with the State of Iowa. We
are quite a different State. We have no public improvements, no State
house, no penitentiary, none of the public buildings that will become
assential upon our State orsanization. I desire to say distinctly that the
tax which should be paid for these institutions should not be put indirectly
upon the people, for there are other taxes, as for school and road pur-

328 Convention Proceedings and Debates.

poses, that will burden the people as much as they will be able to bear.
I am not afraid of duty. I do not believe that it rests upon the people
rightfully, who have come here and undergone the hardships of pioneer life,
to build up the public buildings which are to inure as much to the benefit
of posterity as to themselves. The committee thought they acted mod-
erately and economically. I would rather vote to increase it, than vote for
any diminution of the amount.

Mr. Griffith. Mr. President, there is no danger in passing this, for
we have prescribed that the Legislature shall provide an annual tax suffi-
cient to pay the accruing interest and principal on any debt which they may
contract. That is a sufficient guarantee that we shall never have a large
public debt. The representatives of the people will be very careful, and
no debt will be likely to be contracted unless in case of absolute necessity.
I think that guarantee is sufficient, and that we m-ght allow the limit to
remain at one million. If gentlemen will guard this provision properly,
[*229] they need have no fear of a public debt, un*less it should be
absolutely necessary for the public good.

The amendment was rejected, and then the section was passed without
amendment.

Section 6 being read — viz:

"6. No debts shall be contracted by the State except as herein elsewhere
provided, unless the proposed law for creating such debt shall be first sub-
mitted to a direct vote of the electors of this State at some general election,
and if said proposed law shall be ratified by a majority of all the votes
cast at such general election, then it shall be the duty of the Legislature next
after such election to enact said law and create such debt, subject to all the
provisions and restrictions provided in the preceding sections of this
article—"

Mr. BxTRRis. ]VIr. President, I wish to make an inquiry. Would not
the last clause here restrict the Legislature to the milhon of dollars again?

The section was adopted without amendment.

Section 7 being read —

"7. The State may also borrow money to repel invasion, suppress in-
surrection, or defend the State in time of war; but the money thus raised
.shall be applied exclusively to the object for which the loan was author-
ized, or to the repayment of the debt thereby created — "

On motion of Mr. Griffith, the word "also" was stricken out.

And so the report was passed.

Mr. Hoffman offered the following, as an additional section:

"Sec. 8. The State shall never be a party in constructing and carrying
un any works of internal improvement; but whenever grants of land or
other property shall have been made to the State for particular works of
internal improvement, the State shall devote thereto the avails of such
grants, and may pledge the revenues derived from such works in aid of
their completion."

Mr. Parks proposed to amend so as to read as follows:

"Sec. 8. The State shall never contract any debt for works of internal
improvement, or be a party in carrying on such works."

Mr. Stinson proposed to strike out and insert in place of the last words,
the following:

"And shall never be a party to carrying on works of public improve-
ment."

Wednesday, July 20, 1859. 329

Mr. Stinson. It seems to me, Mr. President, that every safeguard
that could be desired has already been thrown about the power of the Leg-
islature to contract a public debt for the future State. And gentlemen who
propose these additional sections in regard to works of public improve-
ment, seem to wish to hamper not merely the Legislature but also the
people. I think that it would be necessary to prescribe that a majority of
the people shall first declare in favor of a State debt ; and I do not want to
restrain the people even in the matter of contracting debts, nor in any
other legitimate control of their own interests. Nor do I think it im-
portant to say that it will not be to the interest of the State to loan its
credit for purposes of internal improvement. Suppose several millions of
acres of land were granted to the State of Kansas for the purpose of
carrying on great works of internal improvement, it seems to me that fre-
quently cases might arise wherein the State should advance money for
these works, and take land for security, rather than give them up to the
mismanagement of companies, or perhaps sacrifice them altogether by
throwing them into the hands of speculators. For if the lands go into the
hands of the companies, they will be compelled to go on with forced sales,
thereby keeping the lands out of the hands of the actual settlers. If we
should have, say, four hundred millions of acres of land granted to the
State, I would be in favor of having a State pre-emption law for settlers, in
which the State should be made liable for the settlers' payment for their
[*230] lands — taking the *land for security. But now, by this provision,
this matter is not in the hands of the Legislature, but the people. It is
carefully and industriously guarded, and any attempt tq restrict the people
in the exercise of this right is to legislate against the people, and not to
throw a safeguard around their representatives.

Mr. Parks. Mr. President, the theory of the gentleman may be very
fine, but his theory in the practice of other States has worked very badly
for the people. I refer particularly to the State of Indiana, which many
years ago went into a system of internal improvements, from which they
have scarcely yet recovered. It is this working of the principle of an im-
limited public debt that I wish to cut off.

Mr. McDowell. I move that the Convention now adjourn.

Mr. Blunt. Till to-morrow.

And, accordingly, the Convention adjourned till to-morrow morning
8 o'clock.

Wednesday, July 20. 1859.

The Convention met at 8 o'clock, a. m.

Prayer by the Chaplain.
" The Journal of yesterday was read and authenticated.

Mr. Thacher, from the committee on the Legislative Department, re-
turned the petition from sundry citizens of Johnson, Doudas and Shaw-
nee counties, without recommendation, stating that the Convention had
already acted upon the matter.

On motion by Mr. Slough, it was ordered to be placed on the files of
the Convention.

order of business.

Mr. Ingalls, in behalf of the committee on Phraseology and Arrange-
ment, stated that several Articles which had been referred to them and

330 Convention Proceedings and Debates,

ordered to be printed, were still in the hands of the printer — supposing
that it would require the action of the Convention.

Mr. McDowell. I move that the committee get their printing done
wherever they can.

Mr. Thacher. Mr. President, would it not be better for the commit-
tee to make their corrections before the matter goes to the printer?

Mr. McDowell. Mr. President, before I could answer that, I would
have to ask the question as to the effect of committing a report to that
committee. As I understand it, when they make their report on any par-
ticular Article, that Article is again before the Convention — it is in the
power of the Convention, as on the second reading of a Bill — to report
generally just as we act upon any committee report. If I am wrong, then
the Article might be printed after the engrossment, but if 1 am right it
would be doing double work to have the engrossment and printing take
place now.

The President. The Chair would state that he has been himself some-
what perplexed with this question. The regular precedent with regard to
the three different readings have not been followed in this Convention as re-
quired in a legislative body, where the order of the introduction, second
reading and amendment of bills and the third reading, has to be followed.
After reflection upon the subject the Chair is of opinion that it is entirely
competent for the Convention to make any amendment in any Article re-
ported from the committee on Phraseology^ and Arrangement by re-con-
sidering the action of the Convention on that Article, and then amending
it if desirable. Hence, the decision would be, that any Article which shall
be returned from the committee on Phraseology and Arrangement will be
open for amendment upon being reconsidered.

Mr. Thacher. Mr. President, it seems to me that the prospect is,
that we shall sit here all summer under that rule.

The President. The Chair will state further that it is entirely com-
petent for the Convention to make any new rule, or change any of the
existing rules for its government. If the Convention deem it expedient,
they can make their action a finality before the article goes to the commit-
tee on Phraseology and Arrangement.

[*231] *Mr. Thacher. Mr. President, I would suggest that they niight,
if the Article has been considered in committee of the whole and in Con-
vention. I would ask whether or no, in point of fact, we do not give two
readings to all these Articles?

The President. The Chair understands that two readings of a bill
must be had independent of any action of the committee of the whole in
ordinary legislation, but certainly no such rule has been followed here.

Mr. KiNOMAN. Mr. President, as one of the committee on Phrase-
ology and Arrangement, I would state, that the plan suggested by the
gentleman from Douglas (Mr. Thacher) had been in my own mind. And
then, again, it is a nice matter, sir, to consider what is the precise distinc-
tion between a change in Phraseology and a change in the sense. Of
course the conunittee would not like to become responsible for changing
the sense. They wish the reports, as adopted by the Convention, to come
into their hands printed, and then they will be better able to judge of the
phraseology.

Mr. Slough. Mr. President, it is a well settled principle of parlia-
mentary usage that where any matter pending is re-committed and re^

We:dnesday, July 20, 1859. 331

ported back, it comes before the body de novo; that whatever amend-
ments may have been made or referred to the committee and reported
back by the committee, became matter to be passed upon again; and, to
my mind, the purpose of a motion for reference to the committee on
Phraseology is, that the committee might report any amendment they may
see proper — which matter the Convention will consider and pass upon as
any other matter. It seems to me, it would be competent for that com-
mittee to make any change they may think proper; and then if the Con-
vention does not consider the change favorably, we do not tie up our hands
so that we cannot make the necessary amendments.

The President. The Chair regards the committee on Phraseology and
Arrangement as being different from other committees. By the reference
of an Article to the committee it is not designed that they are to change
the sense — their sole and exclusive office being to render the matter of
the Article in distinct and plain language, and to see that the several parts
are homogeneous in character. It does not follow, in the o]iinion of the
Chair, that every principle in the Article reported by them is to be re-
opened for discussion. In the opinion of the Chair that is not contem-
plated in a motion to reconsider.

Mr. Thacher. IMr. President, I agree ^^•ith the Chair, for if the report
is to be taken up de novo, we shall get the w^ork of Sysipheus before us.
There will be no point at which we may stop. I have it in my mind to
submit an order for raising a committee of two or three for the purpose
of reporting to the Convention a rule on this very subject. And if it is in
order now, I move that a committee of three be appointed by the Presi-
dent to report to the Convention some recommendation for a decision
here. For if we are to re-open a report every time it shall come from the
committee on Phraseology, we shall never get through.

The President. The Chair is of opinion the motion is not in order.

Mr. Greer. I am under the necessity of asking the indulgence of the
Convention for further time for the submission of the report from the
committee on the Executive Department. Their report has been in the
hands of the printer some ten days and I have been in the office several
times after it, and have been several times told that it would be ready
at a particular time. One of those times has expired this morning, and
still the report is not yet ready. I have done everything I could to get
it, and I am told and believe, that the printer is disposed to do it as
speedily as possible.

Mr. McDowell. I move that the committee on Printing be instructed
[*232] to have the printing *done at some office where it can be done
with the necessary dispatch.

The motion was agreed to.

Mr. Ross. Mr. President, I should state, perhaps, that the committee
on Printing have already made the best arrangements they possibly could
for the e.xecution of the printing of the Convention.

The President. The resolution can do no harm.

amendment of the rules.

Mr. HiPPLE (the rules having been suspended for this purpose). Mr.
President, I move to amend the ISth rule by adding these words: "But
may give notice of his intention to enter upon the Journal the reason for
his vote." I think it nothing more than a right which every member has.
to enter the reasons for his vote. Xow we have to ask leave.

332 Convention Proceedings and Debates.

PERSONAL explanation.

Mr. Blunt. Mr. President, I rise to a question of privilege. In the
Kansas City Journal of Commerce, of July 17th, to whose Reporter
has been extended the courtesy of a seat and privilege within the Bar of
the Convention — I am represented as having stated that I was opposed to
the annexation of the southern portion of Nebraska Territory, because it
might give to the Democratic party the ascendency in the future State.
I think, sir, that the Convention will recollect that I made no such state-
ment— took no such position in the debate — but that I actually disclaimed
having any knowledge of how that proposed annexation might affect the
political character of the future State. Supposing this statement to have
been a mere error of the reporter for that paper, 1 called his attention
to it — pointing out the error and restating to him distinctly the points
I made in the debate — and of course expecting him to make the necessary
correction. But in the issue of that paper of yesterday morning, I see
that he not only refuses to make the correction, but claims that the posi-
tion in which he placed me on the 17th was correct. And further, in his
issue of yesterday morning, referring to this matter, he seems to hold out
the idea that I wished to recede from the position I took, offering certain
reasons therefor. I went to him a second time yesterday, and he still re-
fused to make the correction — pretending that his report was correct,
and referring me to the official reporter for confirmation — alleging that
that gentleman would sustain his report. I asked him if he had seen the
official report. He said he had not, but that the official reporter had
told him his report was just. I then called on the official reporter, and
he examined his notes and found me correct in the statement I have made,
and that this paper's report of my remarks is incorrect. The official re-
porter very kindly consented to write out my remarks on the boundary
question; and I have them now before me to substantiate the statements
I made. I think, Mr. President, when we admit a reporter for the press
inside the bar, to report the proceedings of the body, if he commits one
error, and refuses to correct that error, he abuses the privilege of the
House. The Convention will recollect, that about the time of the convening
of this body, it was stated in this paper, that they had employed the
only reporter in the Convention to furnish their reports, and therefore
any person who wished correct reports of these proceedings should provide
themselves with their paper. I do not wish to say, that this reporter has
purposely misrepresented me, but his refusing to correct the error would
seem to imply that. But I do say, if he is the only competent and correct
reporter in this Convention — taking his reports before us as evidence of
his competency, it must be that the profession is very poorly represented
in this body.

The President. Does the gentleman make any motion?

Mr. Blunt. I make no motion. I merely call attention to the fact
of an abuse of privilege.

[*233] ^FINANCE and TAXATION.

The President. The regular order of business having been passed
through, the Convention will proceed with the unfinished business of yes-
terday— the consideration of the Article reported from the committee on
Finance and Taxation, as amended in committee of the whole. The question
IS on the passage of the seventh section.

Mr. Slouoh. That section has been adopted.

Wednesday, July 20, 1859. 333

Mr. McDowell. If I recollect the position of the report, the Conven-
tion, when it adjourned, was considering an amendment by my colleague,
Judge Parks.

The Secretary reported the condition of the question at the time of the
adjournment to be as follows:

Mr. Hoffman had offered the following section, to be added to the
article :

"Sec. 8. The State shall never be a party in constructing and carrying
on any works of internal improvement, and whenever grants of land or
other property shall have been made to this State for particular works of
internal improvement, the State shall donate thereto the avails of such
grants, and may pledge the revenues derived from such works in aid of
their completion."

And then —

Mr. Parks had proposed to amend the amendment, so as to read as
follows :

"Sec. 8. The State shall never contract any debt for works of internal
improvement, or be a party in carrying on such works."

Mr. Stinson. My recollection is, that Judge Parks' proposition was
introduced as a substitute for the section proposed by the gentleman from
Woodson (Mr. Hoffman), and that I offered an amendment to the former,
to strike out and insert, so as to make it read: "The State shall never be
a party to carrying on works of public improvement."

Mr. Thacher. ]\Ir. President, if it is in order to amend the proposi-
tion of the gentleman from Woodson, I think the word "particular" ought
to be stricken out.

The President. In the opinion of the Chair, the amendment of the
gentleman from Leavenworth (Mr. Stinson), being a substitute for the
whole, ought to be considered first.

Mr. Stinson's substitute was adopted on a division — affirmative 25,
negative 13 — and so the section, as amended, was adopted into the article.

Mr. Hutchinson. I desire to reconsider the vote just taken, for amend-
ment to this effect: "That the State shall not lend its credit to individuals
nor to corporations."

On motion by Mr. Stinson, it was laid on the table.

Mr. Slough. I move now to refer the article to the committee on
arrangement and phraseology, and to print.

Mr. McDowell. Before that question is taken I desire to add another
proposition. I have mislaid it, but the substance of it is: "That the State
Legislature shall never levy a poll tax."

Mr. Stinson. Mr. President, I propose to amend that, by adding these
words: "for County or State purposes."

Mr. Houston. Mr. President, I cannot see any reason why we should
deprive ourselves of the power of collecting from individuals a poll-tax of
one or two dollars a head. I know there is a clause in some Constitutions,
that a poll-tax is grievous and oppressive. I opine, however, that it is
not the tax, but circumstances, that make it grievous and oppressive. Its
payment might be made a condition of the right of suffrage ; and in such a
case, it would be oppressive. But Kansas is filling up with young men —
carpet-sack men — coming in to avail themselves of the advantages of our
government. Is it right that our government should protect them, without

334 Convention Proceedings and Debates.

their paying a cent for that protection? I see nothing improper in allow-
ing the Legislature to levy a poll-tax, in order to reach them. They have
[*234] the protection of government, and why should they not *assist in
pajdng the expenses of government? I see nothing unequal in a poll-tax.
I see no propriety in throwing the proposed restriction around the legis-
lative power. I know that a poll-tax was advantageous in the State of
Iowa.

Mr. McDowell. Mr. President, I beheve that political economists agree
that the basis of all taxation should be property. I think we have acted
upon that principle in the report which we have just passed upon. I think
this is the true bas's, and that we should not adopt any other. The gentle-
man alludes to a class of persons that come into the Territory with carpet-
sacks, and proposes to levy a tax on them of one or two dollars a head.
Why, sir, if these carpet-sack men have any property above what is exempt
from taxes, they will be taxed, and their property will stand sponsor for its
payment. Otherwise, you cannot collect your tax. The only mode of col-
lecting taxes is to pursue property.

Mr. Houston. Mr. President, the only object was that the power
should not be cut off for levying a tax for road purposes, &c.

Mr. Thacher. Mr. President, I think it no more than just that every
man should contribute toward the support of government. My own view
is, that we had better say nothing about a poll-tax. But if we must have
proceedings on the subject, I shall vote first for the amendment of the
gentleman from Leavenworth, and then against the whole thing.

The substitute was adopted, and then —

On motion by Mr. Thacher, the subject was laid on the table.

On motion by Mr. Slough, the article on finance and taxation, as
amended, was now referred to the committee on phraseology and arrange-
ment, and ordered to be printed.

SELECT COMMITTEE ON BUSINESS.

^'''r. Thacher moved that a committee of three be appointed to report
to the Convention what action it ought to take with the report of the com-
mittee on phraseology and arrangement.

The motion was agreed to, and under that order —

The President appointed Messrs. Thacher, Slough and Kingman.

MISCELLANEOUS.

On motion by Mr. Hutchinson, for the purpose of further considera-
tion of the Homestead section, it was —

Ordered, That the first report from the committee on Miscellaneous,
be recalled from the committee on Phraseology and Arrangement.

The President. The Chair would suggest, that the second report of the
committee on Miscellaneous matter, has been ready some time, and it
would be competent for the Convention to take it up, — but the report is
not yet printed.

Mr. Thacher. I would inquire of the Chair if the report of the article
on the Executive Department is here?

The President. The Chair is informed that it .will be here in half an
hour.

Mr. Slough. I move that the rule requiring the printing of reports
before action upon them be suspended, for the purpose of enabling the

Wednesday, July 20, 1859. 335

iConvention to take up the second report of the committee on Amendments
and Miscellaneous.

The motion was agreed to.

On motion by Mr. Thacher, the Convention then resolved into com-
mittee of the whole — Mr. Barton in the Chair — and took up the con-
sideration of said report in the article on Amendments and Miscellaneous.

On motion by Mr. Slough, it was considered by sections.

The Secretary read the first and second sections, viz:

"Sec. 1. All officers whose election or appointment is not otherw'se
provided for in this Constitution, shall be chosen or appointed in such
manner as may be prescribed by law.

Sec. 2. When the duration of any office is not provided for by this
Constitution, it may be declared by law; and if not so declared such
[*235] office shall be held during the pleasure of the *authority mak-
ing the appointment. But the Legislature shall not create any office the
tenure of which shall be longer than four years."

They were adopted, without amendment.
Section 3 was read by the Secretary, viz:

"Sec. 3. Lotteries and the sale of lottery tickets for am'' purpose what-
ever, shall forever be prohibited in this State."

Mr. Slough. Has not that been provided for in the article on the
Legislative Department?

Mr. Thacher. It is provided, that the Legislature shall not charter any
lottery. This would prevent the sale of lottery tickets from Georgia,
Delaware, &c.

Sections 4, 5, 6, were then severally read and adopted, viz:

"Sec. 4. The printing of the laws, journals, bills, legislative documents
and papers for each branch of the General Assembly, with the printing
required for the Executive and other departments of State, shall be let,
on contract, to the lowest responsible bidder, by such executive officers, and
in such manner as shall be prescribed by law.

Sec. 5. An accurate and detailed statement of the receipts and ex-
penditures of the public moneys, and several amounts paid, to whom, and
on what account, shall from time to time be published, as shall be pre-
scribed by law.

Sec. 6. The General Assembly shall pro\dde by law for the protection
of the rights of women, married and single, in the acquiring and possess-
ing of property, real, personal and mixed, separate and apart from the
husband or other person, and shall also provide for the equal rights of
women in the protection, with the husband, of their children, during their
minority; also shall provide for the security of a homestead, which, with-
out the consent of the wife, she cannot be divested of."

Section 7 was read, viz:

"Sec. 7. Every person chosen or appointed to office in this State, be-
fore entering ui)on the discharge of the duties thereof, shall take and
subscribe an oath to support the Constitution of the United States, and
also his oath of office."

On motion by Mr. McClelland, it was stricken out of the report.

Section 8 was read, to wit:

"Sec. 8. There shall be chosen by the electors of the State at large, at

336 Convention Proceedings and Debates.

the election for State officers, a Public Printer, whose duty it shall be ta
print all the laws and public records of the Legislature, and State offices,
and procure all the stationery required for the same, and whose salary
shall be fixed by law."

Mr. Thacher. Mr. Chairman, I move to strike it out.

Mr. Ingalls. Mr. Chairman, I hope before gentlemen vote to strike
this out, they will at least hear it read once more, and consider the pur-
pose involved. There is, perhaps, more liability to corruption in the office
of public printer, than in any other office in the State, and this section is
to avoid that.

Mr. Slough. I propose the following as a substitute for this section.
It is copied from the Ohio Constitution, section 2d in the article on mis-
cellaneous :

"Sec. 8. The printing of the laws, journals, bills, legislative documents
and papers for each branch of the General Assembly, with the printing
required for the Executive and other departments of State, shall be let
on contract to the lowest responsible bidder, by such executive officers,
and in such manner, as shall be prescribed by law."

Mr. Ingalls. I move to lay the substitute on the tabic.

The Convention refused to table — affirmative 10, negative 18.

Mr. Ross. Mr. Chairman, I hope the substitute will not be adopted,
for I am satisfied that it would open a source of corruption. I speak of
my own knowledge of its workings in another State. I have known thou-
sands squandered by this letting the printing of the State to the lowest
bidder. I have known the contract to be taken at about half the price
[*236] paid *to the journeymen, and at that rate the contractor made
forty to fifty dollars. For this reason, I advocate the section as it stands.
By the election of the public printer by the people — giving him a salary
as other officers of State — giving him specific duties, and making hun re-
sponsible for them as much as the Executive or the Secretary of State —
we shall have some chance, at least, of receiving the services of an honest
man, and procuring the printing of the State at something like a reason-
able price.

Mr. Slough. Mr. Chairman, the difference between the systems pro-
posed by the gentleman and myself is about this: under the provisions of
the article in the report a single individual — the State printer — will have
the whole matter of the public printing in his own hands; whilst, under
the system prepared in the amendment, the Legislature may provide a
board of State officers who shall open and let the contracts to the lowest
responsible bidder. It seems to me, that if there are several public officers
engaged in this matter, there will be less liability to fraud and corruption,
than if it were all placed in the hands of one person. This is found to
work well in the State of Ohio.

The substitute was adopted — affirmative 15, negative 13 — and so the
section, as amended, passed.

Sections 9 and 10 were read and passed, viz:

"Sec. 9. An accurate and detailed statement of the receipts and ex-
penditures of the public money, and several amounts paid, to whom, and
on what account, shall, from time, be published, as shall be prescribed by
law.

Sec. 10. The Legislature shall have power to reduce the salaries of

Wednesday, July 20, 1859. 337

officers, who shall neglect the i)crforraance of any duty that may be as-
signed them by law."

On motion by Mr. Slough, the committee now rose, and the Chairman
reported the bill and amendments.

On motion by Mr. Stinson, the further consideration of the report was
postponed till the printed report shall come in.

The President. The Chair understands that the order replaces the
report in the hands of the committee on Amendments and Miscellaneous
— to be returned to the Convention for further action. It is not referred
to the committee on Phraseology and Arrangement.

-THE HOMESTEAD.

The first report from the committee on Amendments and Miscellaneous
having been returned according to order, by the committee on Phraseology
and Arrangement, was now ordered to be taken up.

On motion by Mr. Thacher, the vote on the adoption of the home-
stead section was reconsidered, and the question being again on its passage.

Mr. Thacher proposed to strike out and substitute the following:
"A homestead of not more than 160 acres of land or a house and lot,
neither to exceed in value $2,000, belonging to any householder, shall be
exempt from forced sale on any process of law, and shall not be alienated
without the joint consent of both husband and wife, when that relation
exists. The provisions of this section shall not apply to debts contracted
before the adoption of this Constitution; nor to liens given by the joint
consent of both husband and wife; nor to the obligations incurred for the
purchase of money ^ or the improvement upon said land; nor to the collec-
tion of taxes lawfully levied thereon."

Mr. Ross. Mr. President, I move to amend by inserting "$3,000" in-
stead of "$2,000."

The amendment was rejected.

Mr. Slough. I move to strike out "S2.000," and insert "$1,000."
Mr. Kingman. Mr. President, T do not feel well — physically as well
as mentally, I am totally unfitted now to discuss this question of a home-
stead law, and I do not attempt it. But in our action here, T wish to in-
sist on the clear distinction between the homestead and an exemption law.
And I can see in the substitute proposed by the gentleman from Douglas
[*237] (Mr. *Thacher) nothing but an exemption law. It looks to me
that every essential feature — every requisite of a homestead law, as I
have advocated it, is abandoned in this substitute, and if adopted here, I
shall abandon all hope of a homestead in our legislation. To limit the
value of the homestead to two thousand dollars, is to say to the owner: so
long as your land remains unimproved — so long as it shall remain poor
and sterile, it is yours. But the moment you put your labor upon it — the
moment 3'ou improve and adorn it, and make it inhabitable and beautiful,
it shall be taken away from you for the payment of your debts. This
amendment tells him that his labor shall be in vain — tells him to keep
away the hand of improvement, for if you advance its value beyond our
limit, your homestead, your reliance for the support of your family is
gone. Sir, any limitation on the value of the homestead is wrong. One
hundred thousand dollars is as disgusting to me as one thousand. I
would not give a straw for the difference, in this provision, between these

' Note. — Undoubtedly this phrase should read "For the purchase-money of." — Ed.
22 — 778

338 Convention Proceedings and Debates.

two sums. In either case it is opposed to the principle, that a home is a
home — good or bad — valuable or valueless — it is simply the home, the
hearthstone, the fireside around which a man may gather his family, with
the certainty of assurance that neither the hand of the law, nor any, nor
all of the uncertainties of life can eject them from the possession of it.
Without this characteristic, a homestead law, to my mind is most dis-
tasteful. But a true homestead law has always laid very near my heart,
and I regret that both physical and mental infirmity prevent from an ex-
position of my views at this time. If the value of a man's home stands up
to five hundred thousand dollars — if his labor and a wise location have
made it, let him have the benefit of it — let him have and enjoy his home
and the society of his friends. It cannot hurt his creditors — but it would
give him credit and heart, if by a solemn act in this Constitution he were
to be assured that no impious hand can disturb his possession — that no un-
feeling creditor can touch it. I am willing, sir, that the original article
shall be so amended as to have no application to debts heretofore con-
tracted. I think it has that extent as it now stands. But I am not willing
to give up this homestead entirely, and take in the place of it this bastard
child of an exemption law.

Mr. J. Blood. Mr. President, I agree with the gentleman, that this
substitute is merely proceeding upon the exemption of a certain amount of
property, and is not a homestead. As I understand the substitute it does
not require that the person claiming the exemption shall be a resident on
the land. If he is a householder in the State of Kansas, he is entitled to
the exemption, without being a resident on the land. I mention this to
show the effect of it as a mere exemption law, for it is not a homestead
law. I think all Legislatures should be allowed to pass liberal exemption
laws; but no exemption law should be inserted in the Constitution. A
homestead would be less objectionable in the .Constitution. The original
section requires that the land or house and lot shall be owned and occu-
pied by the claimant. The substitute makes no such provision, but ex-
empts the land, without requiring the beneficiary to reside on it. I believe,
sir, it would be in order to move now to amend the original article, for the
par'iamentary rule says, the friends of a bill shall be allowed to make it as
perfect as they can before the substitute shall be put. And as there seems
to be some objection to the original here, in consequence of the large
amount of property it may include, I propose to strike out "one hundred
and sixty acres," and insert "eightj^ acres."

The President. The Chair is of opinion that the gentleman's amend-
ment is not in order unless the gentleman from Douglas will withdraw.

Mr. Thacher. Mr. President, I think the distinction which my friend
from Brown (Mr. Kinsman) has drawn between an exemption law and a
homestead law, is a distinction without a difference. The onlj' distinction
[*238] he saw was that the homestead must be without any ^restriction
upon its value. But now, I might be willing to strike out "two thousand
dollars," and insert "one hundred and sixty acres of land," or, I should
think, "eighty" would be sufficient. I would not be willing, however, for
a man to place improvements on his hundred and sixty acres to the
amount of a hundred thousand dollars, beautifying and adorning his
groimds, and then turn round and refuse to pay his debts. In the State
of Wisconsin, they have an exemption covering, I think, half an acre of
ground, and it is alleged that there is a man owning that amount in the
town of Milwaukie, worth half a miUion of dollars, and yet they cannot

Wednesday, July 20, 1859. 339

collect a cent from him. I think there ought to be a point beyond which
an exemption shall not go. I am willing that the limitation shall be eighty
acres. I am not willing to allow any man to sport on one hundred and
sixty acres, obtain credit from friendly men, and then turn round and
cheat them out of it. It strikes me that it would amount even to a law
against the collection of debts. I think eighty acres, with no limit as to
its value — (and I would not limit the value of the house and lot) — would
be sufficient. I will not stand upon any distinction between a homestead
and an exemption. I am obliged to believe that that principle is eminently
benevolent in legislation, which guarantees to every mother and every child
in the State a home, to which they may retire and find shelter from the
storms of fife. It guarantees a sacredness to every home, of whi^^h I be-
lieve the people will justify an exhibition in the Constitution of the State.
I am with the gentleman from Brown. I can freely endorse his language
with respect to the sacredness of home. I withdraw the substitute for the
purpose of allowing gentlemen to perfect the original section.

Mr. WiNCHELL. (I\Tr. Townsend in the Chair). With a desire to ac-
commodate views, and obviate objections that have been raised, I shall
ofi'er an amendment for the consideration of the Convention. It is an
amendment which I believe meets the views of those gentlemen whose
ideas correspond with my own — such ns the gentleman from Brown (Mr.
Kingman), and the gentleman from Douglas (Mr. Thacher) ; and I be-
lieve it is the prevailing idea of the Convention. I propose to strike out
the first three lines of the original section, and insert the following words:

"A homestead to the extent of one hundred and sixty acres of prairie
land, or of one acre within the limits of any incorporated town or city,
occupied as a residence by the family of the owner, together with all im-
provements on the same;" so that the section will read:

"A homestead to the extent of one hundred and sixty acres of farming
land, or one acre within the limits of any incorporated town or city, occu-
pied as a residence by the family of the owner, toaether with all the im-
provements on the same, shall by law be exempted from forced sale under
any process of law; and shall not be alienated without the just consent
of husband and wife, but no property shall be exempt from sale for taxes
or for the payment of obligations contracted for the purchase of said
premises, or for the erection of buildings thereon."

I propose that amendment, believing that it gives to the mechanic, or
the resident of any town or city, the same opportunity of improving,
adorning and beautifying his home that it gives to the agriculturist. It
does not limit the value of the improvements in either case, and I believe
it meets the views of the friends of the measure generally. It makes no
difference, whether the property be one hinidred and sixty acres to the
farmer in the country, or one acre to the mechanic in town — both are
equally recognized as the homestead occupied by the family of the owner.

Mr. BuRRis. Mv. President, I move to amend the substitute, by strik-
ing out "one hundred and sixty," and inserting "eighty"; and by striking
out "one," and inserting "one-half " Eighty acres of land in Kansas it
[*239] seems to me *is a homestead amply sufficient for any one family
to live and obtain a support upon. The design is to secure a home for the
wife and children, and I tliink that end will be fully accomplished by secur-
ing eighty acres of land. Then a half acre is quite large enough for a
city homestead. It is of sufficient size to erect a mansion upon — ample for

340 Convention Proceedings and Debates.

the erectiou of the most costly improvements; and eighty acres would
make a large farm.

Mr. Blunt. Mt. President, is a second substitute now in order?

Mr. President. The Chair will rule that a substitute for the whole is
now in order.

Mr. Blunt. Then I offer the following as a substitute for the whole:

"The Legislature shall provide by law for the exemption from forced
sale upon any process of law, except for taxes, an amount of property,
either real or personal, not less in value than one thousand dollars. Pro-
vided, that such exemption shall not apply to any purchase money for any
tract of land claimed under such exemption law, or any mortgage or deed of
trust that may be lawfully obtained, or for debts contracted for labor
bestowed upon any premises claimed under such la^y."

It was laid on the table.

The question recurred on Mr. Burns' amendment to Mr. Winchell's
amendment.

Mr. HorsTON. Mr. President, I regret the necessity of haA-ing to speak
more than once on the subject. But I feel that it is a subject worthy of
especial attention. And I ask gentlemen, before they step in this matter,
to remember that we are upon a question that requires deliberation We
should tread softly, till we can see clearly. There are gentlemen in this
body who wish to defeat this measure, by mingling an exemption law with
the homestead. Sir, I regard this as a great measure of State poHcy, which
is to enlarge and beautify the future State of Kansas ; and I wish gentlemen,
when they think of the homestead, to think of it as something worth pre-
serving— a great State measure — to be placed in the organic law — to secure
the homes of the people against all the fluctuations of trade. For, on the
other hand, if it be left to the Legislature, if they see proper to pass an
exemption law, it will be constantly subject to the fluctuations incident to
legislation. With reference to this section as it once passed the Conven-
tion, I have said before, that I regard it as imperfect. But I do not expect
to get a measure exactly in accordance with my views. I think this amend-
ment, submitted by the President, obviates some objections. I think we
ought to require the man who enjoys a homestead-exemption to reside upon
it. Then again, the objection as to the unequal bearing of the orifxinal
section because it looked more to the security of the farmer, is obviated
by the clause giving to the mechanic — the man living in town or city —
one acre of land and improvements. We must all consider the difficulties
in providing a homestead that shall be perfectly free from objection. It is
to be judged comparatively. It can only approximate to the perfection we
ail desire. I do not wonder that our friends of the legal profession here are
opposed to the homestead. It would hurt their craft; for by their craft
they have their wealth. It would injure the collecting business —

Mr. McDowell. Mr. President, I rise to a point of order. The gen-
tleman from Riley is reflecting upon a worthy class of delegates in this
body.

]\'Tr. Houston. I ask the gentleman's pardon, sir. But I know that it is
by this credit system he has his wealth, and that the homestead, by re-
stricting that, must affect his pocket. Of course, I do not complain of
those who stand with us on this measure. But it looks most natural that
they would all go in the opposite direction. But, with reference to this
pighty acres reduction proposed by the gentleman from Johnson (Mr.
Burris), I have this to say. We are a.'iking Congress for a homestead of

Wednesday, July 20, 1859. 341

one hundred and sixty acres for the actual settler. This measure has be-
[*240] come coimected with the great *Republican party: and yet we
see Republicans here trying to divide and say eighty acres ! So giving occa-
sion for men to say: They are asking Congress to do for them what they
are not willing to do for themselves. I once knew a gentleman opposed to
us as a party, who offered this particular reason against a homestead: He
said it would enlarge the area of freedom, and soon convert this beautiful
land into homes for free labor! That such a man should oppose the home-
stead, I do not wonder. But that members of the Republican party should
hesitate upon tliis measure, so imperatively demanded by the exigencies
of the age, is doubly strange indeed. Sir, I do not wish to consume time
by discussion. Let us be consistent, and vote down the amendments of
the Opposition.

Mr. Blunt. Mr. President, 1 would like to have the reading of the
proposition as it would be if amended.

The Secretarj' read the article as proposed to be amended.

Mr. Blunt. I am unwilling, sir, to occupy time unnecessarily, but I
cannot see this pass without giving some of the reasons which induce me to
vote against the projiosition as it stands. While I am willing and anxious
to co-operate with members of this Convention to secure, as far as our
action can secure, an exemption law which shall protect all classes of men,
yet I cannot sustain the proposition now before the House. There are
gentlemen on this floor, who seem to have got it into their heads, that this
pro\dsion for a homestead exemption is an irrepressible popular move-
ment; and they seem to have come here predetermined on the subject,
and fearing that their views on the question might lose strength by com-
parison with others, the}' conclude that the best way is to force the thing
through — to table every proposition that comes up which proposes an ex-
emption law different in its features from that which was adopted yes-
terday. And for all that I can perceive, there is very httle difference be-
tween the proposition now before the House, and the proposition which
was passed yesterday, and which, I find, is creating more excitement and
feeling outside than any other proposition upon which we have acted.
And I do not hesitate to tell gentlemen, that in voting for this homestead
exemption, they are voting down their Constitution. 1 believe it will de-
feat its ratification by the people. And I would ask those who are in
favor of this movement— if they wish to see this Constitution become the
organic law of Kansas — if they will put through this proposition in its
present shape, which I know to be obnoxious to the great mass of the
people, then I ask them to submit this article in a separate ballot, and not
go on and drag down the Constitution by it. I tell gentlemen that there
are certainly some counties that would vote against the Constitution in
view of this exemption law alone, though they might be in favor of every
other part of the instrument. My object in offering the substitute which
was laid on the table was, that we might provide for an exemption law
whose benefits should enure to all classes of people. I want the mechanic
and laborer protected, just so much as the person who is so fortunate as to
own real estate. But gentlemen say, let them go and buy a farm — let them
buy a house and lot — and then they can come under the exemption pro-
visions. That might be easily done, if they were so fortunate as to have
the money to do it. The difficulty is, that gentlemen go upon the }■) re-
sumption that every man has as much money as he knows what to do with
— that he has a surplus fund to invest, especially when he needs an ex-

342 Convention Proceedings and Debates.

emption law! But this is not the case. There are very many worthy
mechanics and inckistrious, laboring men, whose means are limited, who
would be most of all others benefited by the privilege we propose to im-
part by this homestead to every man coming under its provisions. They
have, perhaps, no more capital than is necessary for immediate use in
carrying on a mechanical craft for the purposes of stock, and they are
[*241] necessarily com^pelled to rent. And it is not to be presumed that
they can be generally clear out of debt! They are just as likely to be in
debt, as men that till the soil. But, sir, your article here gives these men no
protection at all. Their stock, their tools, and the last bed for their
family may be sold — unless, perchance, the Legislature should provide an
exemption law, in addition to your homestead; and I think, after the re-
ception which this homestead is destined to meet with among the people,
the Legislature will not be very likely to exempt property from execution.
Let us look at it. Suppose a man is the owner of one hundred and sixty
acres of land, well improved and valuable. He is independent — not under
the necessity of tilling the soil with his own hands, but hires a tenant for
that, who is located on one corner of his land, who owns no realty, but
whose property consists entirely of chattels — horses, wagons, farming im-
plements, such as are neces.«ary to cultivate this farm. And in conse-
quence of the labor which this tenant bestows on this farm, the owner
necessarily becomes indebted to him, say two or three hundred dollars,
and still has no other property but this land — is it not clear, that in such
a case, under your homestead, the tenant has no protection? He can
neither collect from his landlord, nor prevent his own creditors from tak-
ing away his horses, cows, wagons, implements, and the last article of
property he has — all this, while the man who owns his hundred and six-ty
acres of land, highly cultivated and richly improved, is protected by law!
and the man whose labor has been thus bestowed, is inhibited from collect-
ing his just dues from such a man! I warn gentlemen against attempting
to strike down this Constitution by incorporating such a provision as that
— but let it be submitted to the people by a separate ballot. If the people
desire it, of course they will ratify it; and by submitting it in this way
you do not endanger the Constitution itself. If we do not take this course,
the inevitable conclusion in my mind is, that the peoj^Ie will reject the
whole thing — and so it will result, that instead of legislating for the people,
we are but legislating to make the people repudiate this Convention.

I know, sir, and admit, that there is no person who needs the protec-
tion of a homestead more than myself; but I have not been called here
to legislate for myself, but for the people of Kansas. The gentleman from
Eiley (Mr. Houston) attempts to sustain this provision, by bringing up
the idea of a homestead grant by Congress. There is no similarity be-
tween the two. I understand that the homestead exemption by Congress
proposes to give — to donate out of the public domain — one hundred and
sixty acres of land to every man who will settle upon and cultivate it, and
thereby enhance the value of the balance of the public domain, and so
conduce to the general wealth and prosperity of the country. And I
think it is perfectly legitimate, if they make this donation, that they
should protect and secure him in the enjoyment of it, by providing by a
national law that it shall be and remain forever exempt from execution
in his hands. And if we were owner of the public domain, and would say
to the people of Kansas: Here, each man take his hundred and sixty
acres and settle upon and improve it, and it shall be forever secure in
your hands from forced sale under execution or any process of law, I

Wednesday, July 20, 1859. 343

believe we would have the right to add to the donation such terms and
conditions as we might see proper. But we do not stand in that relation
to the people, and so far the two cases are entirely dissimilar. And al-
though I am in favor of protecting the people from all unnecessary im-
pressments incident to misfortune and mismanagement in trade — although
I am in favor of protecting the debtor against the rigor of the law, yet,
[*242] if I cannot extend that se*curity to all classes, without distinction
as to vocation or calling, I shall be compelled to forego the benefits of
such a provision in this Constitution. I am constrained, sir, to vote against
any proposition which discriminates in favor of one class of men and
against another.

Mr. McDowell. Mr. President, I rise to a personal explanation. I
hold in my hand The Wyandotte Daily Commercial Gazette, of July 20,
1859, and I notice that in the list which it contains of the worthy members
and officers of this Convention, my name, among others, is mentioned.
But, in the first place, one of the initial letters of my name is wanting. I
am presented here as "William McDowell." The "William" is right, but
my name is "William C. McDowell," and I insist that it shall be so
marked in this list. The C. in my name, sir, represents a distinguished
man, and on his behalf I propose to have this letter inserted. The C.
stands for "Cyrus," and as that distinguished character is not present to
speak for himself, I insist upon his rights in the case. But, sir, in addi-
tion to this, I am represented as being "81" years old. Now, I know, I
am willing to consider that the gravity of my deportment, and the great
wisdom of my suggestions here, entitle me to be assigned an age perhaps
much in advance of any other member on this floor. But I do not know
whether our worthy Secretary, who made this list, under the resolution
of my colleague (Mr. Brown j drew this supposition to be my age from
the character of my remarks on this floor — so redolent of wisdom — or
whether he has been pleased simply to make a little slur at my bald head.
I have seen men at eizhty-one whose heads were not as bald as mine. But
I see a gentleman before me — much younger than eighty-one — Colonel
Slough, of Leavenworth — whose head is much more bald than mine; and
his age, I suppose, is correctly recorded here. Mr. President, I demand
these corrections be made. (Laughter).

Mr. Thacher. I propose that the gentleman's age be changed to
"seventy-five."

The President. Gentlemen are not in order.

Mr. Ritchie. Mr. President, it seems to me that this proposition in-
volves a test question. I understand that one of the planks in the platform
of the Republican party is, to give homes to the homeless. I do not insist
on the passage of the proposition on account of this plank, for I do not
believe it belongs exclusively to the Republican party. I believe that
men of aU parties — except the President of the United States — so far as
I have heard any expression, have been in favor of this plank. But, now,
Mr. President, it seems to me that we are called upon, not only as Re-
pubhcans, but as Democrats, to come up to this cause, and show that we
are in favor of this liberal provision in behalf of the poor. I believe, sir,
that we are no longer in any danger of the system of American slavery
being extended over the rich plains of Kansas. But I am fearful that
another system of oppression — sometimes called the money-power — is about
to take possession of us; and I appeal to the Convention in behalf of a
suffering humanity, in behalf of unfortunate fathers and mothers and their
posterity in poverty, that they may be protected by the arm of the law,

344 Convention Proceedings and Debates.

and have and enjoy a home that can not be violated by the act of the
money-sharpers.

Mr. Griffith. Mr. President, I concur entirely in the remarks of the
gentleman from Brown (Mr. Kingman) in regard to the principle involved
in this question. But I am free to confess that the proposition adopted
yesterday is imperfect. Indeed, that was seen at the time. But we
thought we perceived a manifest disposition to vote down the entire propo-
sition. I rather think, sir, that the amendment offered by the honorable
President of the Convention does not exactly meet the difficulty yet —
does not cover the whole ground — and, if in order, I beg leave to offer
[*243] *a substitute for the whole, which I will read from my place:

"A homestead of not more than eighty acres of land, used for farming
purposes, or in lieu thereof a house and lot, occupied as a residence by the
owner, shall be exempt from forced sale, except for taxes, or for the pay-
ment of obligations contracted for the purchase of said homestead, or for
the erection of buildings thereon, or for the payment of debts heretofore
contracted, and shall not be alienated without the joint consent of husband
and wife, in cases where that relation exists."

This is silent in regard to mortgages, but I hold that the last clause
covers that. I ask, sir, if a mortgage is not a conditional sale? and if it
have the names signed — the wife's name annexed, it covers the whole
ground. I wish to offer no remarks, sir. I believe we are largely in favor
of a wholesome homestead. We differ only in details. I propose to accom-
modate views by reducing the exemption to eighty acres, which may be sold
only for taxes, for debts heretofore contracted, or for the purchase of the
homestead, or the erection of buildings thereon — also making the condition
of residence by the owner.

Mr. Thacher. Mr. President, I think the substitute is well drawn, and
that it secures parties all round. There is only one consideration as be-
tween the two propositions, and that is, whether we shall say "eighty," or
"a hundred and sixty acres." I am content to call it "eighty."

Mr. Blunt. As it is the fashion, I move to lay the gentleman's substi-
tute on the table.

There was no second.

Mr. Burris. I\Ir. President, if I understand the substitute, there is no
exception made for debts contracted before the adoption of this Constitu-
tion. If that is so, I object. Otherwise, I do not see any difference between
that and the other amendment which I offered.

Mr. Thacher. I understand that is in it.

Mr. Graham. Mr. President, I move to strike out "eighty,'" and insert
"one hundred and sixty."

The motion was rejected — affirmative 13, negative 17.

Mr. Graham. Mr. President, I now move to lay the substitute on the
table.

The yeas and nays being demanded, ordered and taken thereon, re-
sulted— yeas 30, nays 16 — as follows:

Yeas — Messrs. Burnett, Blunt, Brown, Barton, Burris, Foster, P'or-
man, Graham, Greer, Hippie, Hubbard, Hutchinson, Houston, Hoffman,
Ingalls, Kingman, A'iddleton, McClelland, Moore, McDowell, McCune, Mc-
Cullough, Porter, Ross, Slough, Stiarwalt, Stokes, Townsend, J. Wright,
Wrigley— 30.

Nays — Messrs. Arthur, J. Blood, N. C. Blood, Crocker, Dutton, Griffith,

Wednesday, July 20, 1859. 345

Hanway, Lillie, Lamb, Preston, Palmer, Ritchie, Signer, Simpson, Thacher,
Williams — 16.

So the substitute was laid on the table.

The question recurred on the amendment offered by Mr. Burris.

On motion by Mr. Graham, it was also laid on the table.

The question recurring again on Mr. President Winchell's amendment.

Mr. Thacher. Mr. President, would it be in order to offer an amend-
ment to protect contracts made before the adoption of this Constitution?

The PREsmENT (Mr. Townsend in the Chair). It would not be in
order.

Mr. WiNCHELL. I propose to modify it so as to read, "a homestead not
exceeding eighty acres;" and as to the house and lot, insert, "as shall be
provided by law."

The President. It is not in order.

Mr. Greer. Mr. President, I move to amend, by striking all after the
words, "for the payment of taxes."

The President. The question is on Mr. Winchell's amendment — strik-
ing out and inserting new matter for the first three lines of the section.

l\Ir. Winchell's amendment was adopted — affirmative 33, negative 7.

Mr. Greer. Mr. President, I now move to amend, by striking out all
[*244] after the words, *"for the payment of taxes." I make this mo-
tion for the purpose of placing the proposition before the Convention in
its proper light. It starts out with the proposition, that it is a homestead.
But it cannot be a homestead if the owner is permitted to encumber it so
as to authorize its sale for indebtedness. It would be a mere exemption
law (so objectionaWe to the gentleman from Brown and others), if the
parties may give a lien under which it may be sold. If we are to call it a
homestead, let us make it a homestead. But if it is to be an exemption
law, let us change the title.

Mr. Thacher. Mr. President, if you strike that out, you allow the
party no power over their place at all, and it seems to me it would open
a wide door for fraud.

Mr. Greer's amendment was rejected.

The homestead section, as amended, was then passed the Convention.

On motion by Mr. Thacher, it was again referred to the committee on
phraseology and arrangement, and ordered to be printed.

Mr. Thacher. Mr. President, I would ask the chairman of the com-
mittee on the Executive department, if that committee is ready to report?

Mr. Greer. Our report is still in the hands of the printer.

Mr. Thacher. I would inquire of the chairman of the committee on
printing, whether we shall have any other reports printed to-day?

Mr. Ross. The report of the committee on Executive department will
be ready verj' soon. It was promised at this time. There are two reports
promised to-day. I do not think there will be any other besides the Ex-
ecutive report ready this afternoon.

Mr. Thacher made an ineffectual motion to adjourn; and then —

On motion by Mr. Barton, the Convention took a recess till 3 o'clock
this afternoon.

346 Convention Proceedings and Debates.

AFTERNOON SESSION.

The President called the Convention to order at 3 o'clock.

Mr. BuRRis. Mr. President, I have a resolution T would like to offer:

Resolved, That the courtesies of this Convention be tendered to Earl
Marble, of the St. Joseph Free Democrat, and that he be invited to a seat
within the bar.

The resolution was adopted.

Mr. Thacher. Mr. President, I would enquire whether we have the
report of the committee on the Executive before us yet?

Mr. Greer. You have not.

A Voice. I understand the printed report is in the Hall, but not yet
distributed.

Mr. Blunt. Do I understand the report is before the Convention?

The President. It is not before the Convention.

Mr. Thacher. I call for it.

Mr. Greer. Mr. President, I offer the following report from the com-
mittee on the Executive department:

executive department.

"Section 1. The Executive Department of the State shall consist of a
Governor, Secretary of State, Auditor, Treasurer and Attorney-General;
who shall be chosen by the electors of the State at the time and place of
voting for members of the General Assembly, and shall hold their offices
for the term of two years from the 2d Monday of January next after their
election, and until their successors are elected and qualified.

Sec. 2. The returns for every election for the officers named in the
foregoing section, shall be sealed up and transmitted to the seat of Gov-
ernment by the returning officers, directed to the President of the Senate,
who, during the first week of the session shall open and publish them, and
declare the result in the presence of the majority of the members of each
House of the General Assembly, and the person having the highest number
[*245] of votes shall be declared "duly elected; but if any two or more
shall be highest and equal in votes for the same office, one of them shall be
chosen by the joint vote of both Houses.

Sec. 3. The supreme Executive power of this State shall be vested in
the Governor.

Sec. 4. He may require information in writing from the officers in the
executive department, upon any subject relating to the duties' of their re-
spective offices, and shall see that the laws are faithfully executed.

Sec. 5. He shall communicate at every session, by Message, to the
General Assembly, the condition of the State, and recommend such meas-
ures as he shall deem expecUent.

Sec. 6. He may, on extraordinary occasions, convene the General As-
sembly by proclamation, and shall state to both Houses, when assembled,
the purposes for which they have been convened.

Sec. 7. In case of disagreement between the two Houses in respect to
the time of adjournment, he shall have power to adjourn the General As-
sembly to such time as he may think proper, but not beyond the regular
meetings thereof.

Wednesday, July 20, 1859. 347

■ Sec. 8. He shall be commander-in-chief of the military and naval forces
of the State, except when they shall be called into the service of the United
States.

Sec. 9. He shall have power, after conviction, to grant reprieves, com-
mutations and pardons, for all fines and offenses except treason and cases
of impeachment, upon such conditions as he may think proper; subject,
however, to such regulations, as to the manner of applying for pardons,
as may be prescribed by law. Upon conviction for treason he may sus-
pend the e.xecution of the sentence, and report the case to the General As-
sembly at its next meeting, when the General Assembly shall either pardon,
commute the sentence, direct its execution, or grant a further reprieve. He
shall communicate to the General Assembly, at even,^ regular session, each
case of reprieve, commutation or pardon granted; stating the name and
crime of the convict, the sentence, its date, and the date of the commuta-
tion, pardon or reprieve, with his reasons therefor.

Sec. 10. There shall be a Seal of the State, which shall be kept by the
Governor, and used by him officially; and shall be called ''The Great Seal
of the State of Kansas."

Sec. 11. All grants and commissions shall be issued in the name and by
the authority of the State of Kansas; sealed with the Great Seal, signed
by the Governor, and countersigned by the Secretary of State.

Sec. 12. No member of Congress, or other person holding office under
the authority of this State, or of the United States, shall execute the office
of Governor, except as herein provided.

Sec. 13. In case of the death, impeachment, resignation, removal or
other disability of the Governor, the power and duties of the office for the
residue of the term, or until he shall be acquitted, or the disability re-
moved, shall devolve upon the President of the Senate.

Sec. 14. The President of the Senate shall vote only when the Senate
is equally divided, and in case of his absence or impeachment, or when he
shall exercise the office of Governor, the Senate shall choose a President
pro tempore.

Sec. 15. If the President of the Senate, while executing the office of
Governor, shall be impeached, displaced, resign or die, or otherwise be-
come incapable of performing the duties of the office, the Sjjeaker of the
House of Representatives shall act as Governor until the vacancy is filled
or disability removed.

Sec. 16. Should the office of Auditor, Secretary or Attorney-General
become vacant, for any of the causes specified in the 15th section of this
article, the Governor shall fill the vacancy until the disability is removed,
or a successor elected and qualified. Every such vacancy shall be filled by
election, at the first general election that occurs more than tliirty days
[*246] after it shall have happened; and the person chosen shall *hold
the office for the full term fixed in the second section of this article.

Sec. 17. The officers mentioned in this article shall, at stated times,
receive for their services a compensation to be established by law, which
shall neither be increased nor diminished during the period for which they
shall have been elected.

Sec. 18. The officers of the Executive department, and of the public
State institutions, shall, at least five days preceding each regular session
of the General Assembly, severally report to the Governor, who shall
transmit such jeports, with his Message, to the General Assembly."

348 Convention Proceedings and Debates.

Mr. Thacher. I move to go into committee of the whole.
The motion was agreed to.

The Convention accordingly resolved itself into a committee, Mr. Bur-
nett in the Chair, and took up the consideration of the report on the Ex-
ecutive.

Mr. Slough. I move that the report be taken up section by section.

The motion was agreed to.

Section 1 was read.

Mr. Stikson. Mr. Chairman, I move to amend by inserting after the
word "Governor" the words "Lieutenant-Governor."

Mr. McDow^ELL. ]Mr. Chairman, before that motion is put I want
simply to say a word. This matter was considered in committee, and we
thought it advisable to have no Lieutenant-Governor in the new State of
Kansas. We thought it was a useless office and therefore incurred a use-
less expense — a sort of a figure on the chequer board that don't amount
to much. Since broaching the matter, however, we have discovered there
are so many gentlemen here wishing to fill that office, that we think it
might be changed.

Air. Stinson. I would state that Mr. McDowell's opposition to creating
the office has only been withdrawn since one of his friends suggested that
he might receive the nomination.

The motion was adopted upon a division.

Mr. BuRRis. Mr. Chairman, I wish to add a further amendment. Add
after the word "Treasurer," "Superintendent of Pubhc Instruction."

The motion was agreed to.

Mr. Ritchie. The words "General Assembly" should be changed to
"Legislature."

The President. That is a mere clerical error, and will be corrected.

Section 1 was adopted.

Section 2 was read.

Mr. Blunt. Mr. Chairman, I would propose a verbal correction : Strike
out the words "General Assembly," and insert the words "Senate and
House of Representatives."

Mr. Stinson. I would suggest "Speaker of the House of Representa-
tives" instead of "President of the Senate."

Mr. McDowell. I would enquire whether it is certain there will be a
Speaker of the House of Representatives at that time?

Mr. Stinson. I withdraw.

Mr. Thacher. Mr. Chairman, it strikes me all this is wrong. In New
York the returns of election are made to the Comptroller, Attorney-
General, and another, who form a Board for the purpose of canvassing the
returns. I think something of this kind should be done here. Say the
Secretary of State, Auditor and Attorney-General should canvass the re-
turns and declare who has the highest number of votes.

j\fr. Blunt. I would amend that motion so that it shall read "Directed
to the President of the Senate, Secretary of State and Auditor, who shall
constitute a Board of Canvassers, and any two can act."

Mr. Slough. I would suggest the propriety of inserting the amendment
after the word "who," so it will read, "directed to the President of the
Senate, who, with the Secretary of State and Auditor shall constitute," &c.

Wednesday, July 20, 1859. 349

It complicates the matter to have the returns directed to three; let it be
directed to one and opened by the three.

[*247] *Mv. BuRRis. Mr. Chairman, it occurs to me that it is better a.-;
reported, than we can get it. It is provided that returns .«hould be opened
in the presence of a majority of both Houses of the Legislature; and
further, in case of a tie it shall be decided by votes of a joint convention of
the two houses, as I understand it: so that being directed to the presiding
officer of one branch of the Legislature, it seems to me is the proper way,
and that the returns should be opened by him and canvassed in the presence
of the two Houses. In the event of there being any further action neces-
sary they are the bodies that are to decide the matter. Let the votes be
counted in the presence of a majority of the members of each of these
bodies, and then they are on hand ready to take such action as may be
found necessary — ready to decide between those who have an equal and
the highest number of votes.

Mr. Slough. I move to lay the amendment on the table.
Mr. President Winchell. I would suggest to the Convention that the
officer, after all, most proper to perform that duty, is the Secretary of
State.

Mr. Blunt. Will the gentleman wnthdraw his motion to lay on the
table for a moment ?
Mr. Slough. Yes, sir.

Mr. Blunt. Mr. Chairman, it appears to me tliis section is insufficient.
It seems there is no other person authorized to open the returns. The
President of the Senate might be necessarily absent, and in that case it
should be provided that some other person should have authority to open
these returns; hence I made the proposition to amend by inserting in con-
nection with the President of the Senate, the Secretary of State and Auditor.
They should then be directed to the President of the Senate, and in case
of his absence there would be two other persons that would be authorized
to take charge of these returns, and open them in the presence of the two
Houses.

Mr. Thacher. My. Chairman, I would observe that this section, as it
stands, does not authorize the President of the Senate to open these re-
turns in the presence of both Houses; it only authorizes him to open them
during the first week of the session and declare the result in the presence
of a majority of the members of both Houses. It appears to me that is
radically wrong.

Mr. President Winchell. Mr. Chairman, I move that the entire sec-
tion be stricken out. We have said a great deal about putting special legis-
lation in the Constitution. It really seems to me the Legislature \^all be
competent to take care of this. We all see the votes would be cast pre-
vious to the organization of the bodies, and may not affect them for weeks
afterward. It seems to me that we had better strike this section out and
have the first election provided for in the schedule.

Mr. Slough. Mr. Chairman, I am opposed to the proposition to strike
out, for the reason that I think it unnecessary. We should have some
officer provided for to whom the first returns should be made. They must
be sent somewhere.

Mr. President Winchell. If the gentleman will allow me to correct
him: I stated that the provisions of this first election can be introduced in
the Schedule, and should be.

350 Convention Proceedings and Debates.

Mr. Slough. Mr. Chairman, this is a provision that is copied verbatim
from the Ohio Constitution, and under which there has been no trouble
in that State. A President of the Senate can be created, in the absence
of the Lieut. Governor, by the action of the Senate; and in the first
organization it will be necessary to appoint a President pro tempore, and
that officer will open the returns. I am opposed to striking out.

The motion was adopted upon a division — affirmative 19, negative 13.
Sections 3, 4, 5, 6 and 7 were severally read and adopted.
[*248] ^Section 8 was read.

Mr. Blunt. Mr. Chairman, I presume we shall never have any naval
officers or a navy upon Kaw river, and I propose to strike out the words
"and naval."

Mr. Slough. I move to strike out the whole section. We have pro-
Aided for this same matter in the report of the committee on Legislative
Department.

This motion was agreed to.

Section 9 was read.

Mr. Hutchinson. I propose to substitute for section 9 the following:

"Sec. 9. The pardoning power shall be vested in the Governor, under
such regulations and restrictions as shall be prescribed by law."

The motion was agreed to and the amendment was adopted and passed.

Sections 10 and 11 were severally read and adopted and passed.

Section 12 was read.

Mr. Slough. Mr. Chairman, I move to strike out the words "except
as herein provided." There is no provision, as I can find, in the Article
with reference to it, and I think it had better be stricken out.

The motion was agreed to.

Section 12 was adopted.

Section 13 was read.

Mr. Stinson. Mr. Chairman, I move to change the words "President
of the Senate" to "Lieutenant-Governor."

The motion was agreed to.

Mr. Wrigley. I would call the attention of the gentleman from Leav-
enworth (Mr. Slough) to the section just adopted, in connection with the
words just stricken out by his motion. As the section now reads: "Sec.
12. No membe^ of Congress, or other person holding office under the au-
thority of this State, or of the United States, shall execute the office of
Governor." In section 13 it is provided, "in case of the death, impeach-
ment, resignation — "

Mr. Slough (interrupting). I see the point.

Mr. Wrigley. According to the 12th section, with the words stricken
out, no one could discharge the duties of Governor. I suggest the pro-
priety of restoring those words. i

Section 14 was read.

Mr. Winchell. Mr. Chairman. I desire to amend by prefixing the
words: "The Lieutenant-Governor shall act as." Strike out the first word
"the" and insert "and" after "Senate," so as to make it read:

"Sec. 14. The Lieutenant-Governor shall act as President of the Senate,
and shall vote only when the Senate is equally divided, and in case of his

Wednesday, July 20, 1859. 351

absence or impeachment, or when he shall exercise the office of Governor,
- the Senate shall choose a President pro tempore."

Mr. Stinson. Mr. Chairman, I send up a substitute cut out of the
Ohio Constitution.

"Sec. 14. The Lieutenant-Governor shall be President of the Senate,
but shall vote only when the Senate is equally divided; and in case of his
absence or impeachment, or when he shall exercise the offi.ce of Governor,
the Senate shall choose a President pi'O tempore."

Mr. PREsmENT WiNCHELL. Precisely the same thing, sir.

Mr. Slough. I move its adoption.

The motion was agreed to.

Sec. 15 was read.

Mr. Stinson. And I offer the following substitute for the next section:

"Sec. 15. If the Lieutenant-Governor, while executing the office of Gov-
ernor, shall be impeached, displaced, resign or die, or otherwise become in-
capable of performing the duties of the office, the President of the Senate
shall act as Governor until the vacancy is filled or the disability removed;
and if the President of the Senate, for any of the above causes, shall be
rendered incapable of performing the duties pertaining to the office of
Governor, the same shall devolve upon the Speaker of the House of Rep-
resentatives."

The substitute was adopted.

[-249] The Chairman. The question is now upon *the adoption of
the section as amended by the substitute. I suppose all agree.

("Agreed." "Agreed.")

Section 16 was read.

Mr. Slough. Mr. Chairman, I move to insert the word "Treasurer"
after the word "Auditor." Also the words "Superintendent of Common
Schools."

The Chairman. These insertions will be made.

Mr. President Winchell. I suggest that the numerals "15" be changed
to correspond with the changes made in the sections.

Mr. Hutchinson. I discover another difficulty. In the last clause it
says: "and the person chosen shall hold the office for the full term fixed in
the second section of this Article." Section second has been stricken out.

Mr. Thacher. I move to amend by inserting in lieu thereof, "shall hold
the office for the unexpired term."

The Chairman. It will be taken as the opinion of the committee if not
dissented from.

Mr. Thacher. 1 would suggest that "First" section be put in the place
of "second."

Mr. President Winchell. I understand those last words were stricken
out and the w^ords of the gentleman from Douglas (Mr. Thacher) "shall
hold the office for the unexpired term" inserted, instead of the words "shall
hold the office for the full term fixed in the second section of this Article."
After the word "Secretary" in the first line of the section, I would sug-
gest that the words "of State" be inserted.

It was agreed to.

Section 16 was then adopted and passed.

352 Convention Proceedings and Debates.

Mr. BuRRis. I have prepared a section to stand in the place of section
second, which was stricken out, and which I desire to have read.

The Chairman. The Chair supposes it is not strictly in order till we
get through with the Article.

Sections 17 and 18 were severally read and adopted and passed.

Mr. BuRRis. Mr. Chairman, I now introduce the following as section
second :

"Sec. 2. Until otherwise provided by law, an abstract of the returns of
every election, for the officers named in the foregoing section shall be
sealed up and transmitted by the Clerks of the Boards of Canvassers of
the several counties, to the President of the Senate, who shall, during the
first week of the session, open and publish them in the presence of both
Houses of the Legislature in joint Convention assembled, and the persons
having the highest number of votes shall be declared duly elected, but in
case any two or more have an equal and the highest number of votes, the
Legislature shall, by joint ballot, choose one of said persons so having an
equal and the highest number of votes for said office."

Mr. Chairman, I move the adoption of that as section second of this
Article for various reasons. It seems to me there should be some provision
in the Constitution for a Board of Canvassers for State officers. I find it
inserted in every State Constitution I have examined yet. The section
which we have stricken out is found in the Ohio Constitution, and the
one I offer as a substitute is almost verbatim as taken from a correspond-
ing section in the Constitution of the State of Iowa, only that it is made
returnable to the Speaker of the House of Representatives. It seems to
me it is not material which, only it should be with the presiding officer of
the Legislature. I think the Constitution should provide by what means
the Board should be constituted, whom the votes should be canvassed be-
fore, and at what time; therefore, I have introduced this section.

Mr. HipPLE. Mr. Chairman, I have prepared a section here to take the
place of the substitute:

"Sec. 2. The returns for every election for the officers named in the
foregoing section, shall be sealed up and transmitted to the seat of gov-
ernment by the returning officers, directed to the President of the Senate
[*250] and Speaker of the *House of Representatives, who, during the
first week of the session, shall open and publish them, in joint Convention
assembled, and declare the result in the presence of the majority of the
members of both Houses of the General Assembly, and the person having
the highest number of votes shall be declared duly elected; but if any two
or more shall be highest and equal in votes for the same office, one of them
shall be chosen by the vote of both Houses in joint Convention assembled."

Mr. President Winchell. Mr. Chairman, I would like to enquire how
far this proposed section differs from the one we have passed ? It occurs to
me we are interfering with the passage of a general election law by the
Legislature, by which the returns are to be canvassed in some suitable man-
ner. We provide that they shall all be sent to the President of the Senate.
Instead of being sent to the township and county boards and an abstract
sent up higher, these returns are all to be sent to this officer; and we are
thus tyins up the hands of the Legislature from making a full and general
law for the regulation of elections. I can see no danger in leaving it out.
If I were going to insert a section, I should prefer that it provide for an
abstract to be sent to the Secretary of State — he in joint convention of the
two houses, to open, &c.

Wednesday, July 20, 1859. 353

Mr. BuKRis. In answer to the inquiry of what is the difference, I
would state that the substitute is not open to the objection raised by the
gentleman from Douglas (Mr. Thacher) that the President of the Senate
was to open the returns, but not in the presence of the two houses of the
Legislature, but was merely to declare the result in the presence of the
two houses. That is the difference between the original section and the
substitute. It seems to me that the gentleman from Osage (Mr. Winchell)
is mistaken as to the result or efi'ect, rather, of this constitutional pro-
vision. I do not understand that it would be the duty of the board of
supervisors to make their returns direct to the President of the Senate, but
to the board of county canvassers, and then by the respective county
boards returns should be made to the President of the Senate. It would
go from the township to the county board, and from the county board to
the President of the Senate, who is made presiding officer of the State
board of canvassers. There must be a board of canvassers, and the only
question is, whether it is proper for the Constitution to provide who they
shall be. As I have before remarked, I find that in all the Constitutions
I have examined there is a provision of this sort. It seems to me this is
proper, and that it is a safe provision. It is not legislation, any more than
providing who shall be elected and how they shall be elected. We have
provided who shall be elected to certain offices, how many we shall have,
and I propose to say how the votes for these officers shall be canvassed.
It seems to me a very proper amendment, for the reason that, in the event
of there being a tie vote, it devolves upon the Legislature to choose. No
one will object to throwing the responsibility upon the Legislature to de-
cide who shall hold the office when there are two persons who have an
equal number of votes. If they are the body to select from the two
highest, let them have the returns opened before them and make the
selection. It seems proper and safe, and not a subject of legislation.

Mr. Th.^cher. I move to lay it on the table.

The motion was rejected, upon a division.

Mr. Thacher. Mr. Chairman, I move to amend by insertinsc "ab-
stract of the returns of every election in each county" in place of the first
word "The;" and "by the clerks of the several counties," instead of "re-
turning officers." I don't think the returns should go up directly from
every township in the State.

Mr. BuRRis. Mr. Chairman, I would state that the gentleman's
amendment provides that they shall be sent up by the county clerk.
[*251] *Now, I don't know as we will have any county clerks. It seems
to me the amendment would be useless, and might possibly create difficulty.

Mr. Thacher. As it stands now in the gentleman's section, the return-
ing officers would have to send to the Secretary of State, instead of the
count}'^ officers, as it should be.

Mr. BuRRis. It is exactly as in the Constitution of the State of Iowa,
and there the votes are canvassed by the board of township trustees, and
by them transmitted to the county boards or judge, who, in connection with
two justices of the peace, constitute the county board, and the clerk of the
county board transmits them to the State board; and no such difficulty as
the gentleman suggests ever arose there. I do not believe there will be
any difficulty.

Mr. Thacher. I desire to know if there is any provision for county
canvassers.

23 — 778

354 Convention Proceedings and Debates.

Mr. BuRRis. The gentleman from Douglas (Mr. Thacher) has pre-
sented his proposition as an amendment to the section of the gentleman
from Leavenworth (Mr. Hippie.)

Mr. President Winchell. I understand the question to be upon the
substitute of the gentleman from Leavenworth.

The Chairman. The question is upon the amendment of the gentle-
man from Douglas to the substitute of the gentleman from Leavenworth.

Mr. President Winchell. Mr. Chairman, I hold it to be a safe rule
that we should avoid ambiguity. It is a sufficient objection to any language
proposed to be used, that it is susceptible of two different meanings, and
for that reason I prefer the language of the gentleman from Douglas, and
shall vote for his amendment.

The amendment was adopted.

Mr. Hutchinson. Mr. Chairman, there are still two points against
which objections have been urged, in the section, as it now stands. "Until
otherwise provided by law;" I propose these words be inserted in the
proper place, as an amendment to the substitute of the gentleman from
Leavenworth. It has been suggested here that in all probability the Leg-
islature would want to provide for a board of canvassers, and we forbid
them from so doing, as the section stands. There is no restriction in the
character of my amendment. I will also move another amendment if this
is acted upon favorably.

This amendment was agreed to.

Mr. Hutchinson. Mr. Chairman, I now move to strike out the words
"Speaker of the House of Representatives," and insert "Secretary of State."
I do that for this reason; as this is to be a permanent condition in the
Constitution, I think the election returns ought to be directed to some
officer having a permanent residence at the capital, which is not the case
as the section now stands.

This motion was also agreed to.

Mr. President Winchell. Mr. Chairman, I move to amend by in-
serting after the words "Secretary of State," these words: "who, in con-
nection with the President of the Senate and Speaker of the House of
Representatives, shall canvass," &c. If we are to have this measure in
the Constitution, let us have it right.

Mr. Porter. Mr. Chairman, I am opposed to having a portion of the
election law in the Constitution. I move to lay the sections and amend-
ments on the table.

This motion was agreed to.

Mr. Slough. I move the committee rise and report.

This motion was agree,d to.

The committee accordingly rose, and the chairman reported the article
and amendments as above recorded.

Mr. Blunt. I move that we take up the report, section by section.
The motion was agreed to.
Section 1 was read.

Mr. McDowell. I move to strike out the words "Lieutenant-Gov-
ernor," and upon that motion I call for the yeas and nays.

[*252] *The yeas and nays were ordered, and being taken, resulted —
yeas 17, nays 27 — as follows:

Wednesday, July 20, 1859. 355

Yeas — Messrs. Brown, Barton, Crocker, Forman, Greer, Hippie, Hub-
bard, Houston, Middleton, Moore, McDowell, McCune, McCullough, Pres-
ton, Porter, Ross, Signor — 17.

Nays — Messrs. Blunt, Burris, J. Blood, N. C. Blood, Dutton, Foster,
Graham, Griffith, Hutchinson, Hanway, Hoffman, Ingalls, Kingman,
Lillie, Lamb, McClelland, Palmer, Parks, Slough, Stinson, Stiarwalt, Stokes,
Simpson, Thacher, J. Wright, Wrigley, Williams — 27.

So the amendment was rejected.

Section 1 was then adopted.

Sections 2, 3, 4, 5, 6 and 7 were severally read, adopted and passed.

Section 8 was read.

Mr. Hutchinson. Mr. President, to save any perplexity on the part
of the committee on phraseology, and also to show our liberalitj', I move
to amend this section by inserting the word "white" before the word
"State," where it last occurs, and call for the yeas and nays.

Mr. Porter. I move to lay it upon the table.

Upon this motion the yeas and nays were demanded, and being ordered
and taken, resulted — yeas 31, nays 13 — as follows.

Yeas — Messrs. Burnett, Blunt, Brown, Burris, J. Blood, N. C. Blood,
Dutton, Foster, Forman, Creer, Griffith, Hippie, Hubbard, Hutchinson,
Hanway, Houston, Ingalls, Lillie, Middleton, Moore. McClelland, McCul-
lough, Preston, Palmer, Parks, Porter, Ross, Stinson, Simpson, Thacher,
Williams— 31.

N.\ys — Messrs. Barton, Graham, Kingman. Lamb, McDowell, McCune,
Ritchie, Signor, Slough, Stiarwalt, Stokes, J. Wright, Wrigley — 13.

So the amendment was rejected, and then section 8 was passed.

Sections 9, 10, 11, 12, 13, 14, 15 and 16 were severally read, adopted and
passed.

Mr. Burris. Mr. Chairman, I wish to offer asain a substitute for
section second. I have attempted to avoid the chfficulties referred to by
gentlemen. It seems to me proper that we should have something of the
kind in this article. I shall not argue the question at all, but simply sub-
mit it to the Convention.

"Section 2. Until otherwise provided by law, an abstract of the re-
turns of every election, for the officers named in the foregoing section shall
be sealed up and transmitted by the clerks of the boards of canvassers of
the several counties, to the President of the Senate, who shall, during the
first week of the session, open and publish them in the presence of both
houses of the Legislature in joint convention assembled, and the persons
having the highest number of votes shall be declared duly elected; but in
case any two or more have an equal and the highest number of votes,
the Legislature shall, by joint ballot, choose one of said persons so having
an equal and the highest number of votes for said office."

Mr. Slough. I move to lay it on the table.

The motion was rejected, on a division — affirmative 12, negative 29.
The proposed substitute for the second section was then adopted and
passed.

Mr. Hipple. Mr. President, I move that this article be referred to the
committee on phraseology and arrangement, and printed.

The motion was agreed to.

356 Convention Proceedings and Debates.

Mr. Thacher. Mr. President, I would inquire whether we have any
reports before us that we can act upon.

Mr. Preston. The chairman of the committee on printing has gone
for our report, and it is expected presently.

The President. The chairman of the committee on apportionment
says that the chairman of the committee on printing has gone after the
report of the committee on apportionment, and will return shortly.

A motion to adjourn was rejected, on a division — affirmative 11, nega-
tive 19.

Mr. Blunt. Mr. President, I would enquire about the condition of
the report of the committee on schedule.

[*253] *The President. The report is in the hands of the committee,
and was returned for the purpose of enabling them to perfect it and bring
it in at the close of the session.

personal.

Mr. Barton. Mr. President, I offer the following resolution:

"Resolved, That the courtesies of the Convention be tendered to John
M. Griffin, Esq., and that he be invited to a seat within the Bar."

The resolution was adopted.

PUBLIC debt.

Mr. Blunt. Mr. President, I would like to recall from the committee
the report on schedule, and proceed to the consideration of the ninth
section.

The President. The Chair understands that question has already been
considered in the report of the committee on finance and taxation.

Mr. Blunt. I think if the chair win exnmine the report of the com-
mittee on finance and taxation, he will find there is no provision made to
assume the debt of the State. The question will involve this claim busi-
ness, and will consume considerable time in Convention.

The President. The Chair has been informed that the provision which
was inserted in the schedule in regard to the public debt, was inserted in
the report of the committee on finance and taxation. He does not speak
from his own knowledge, but from the information he has received. The
Chair would state that if the gentleman desires to bring up any individual
question which is to or may have a place in the rejiort of the committee
on schedule, it is not necessary to call the entire report from the commit-
tee, where it should remain until near the close of the Convention, but he
could introduce a resolution to consider any subject in the absence of the
report itself.

Mr. Blunt. I will merely state that when we had this report under
consideration, we passed over the whole report to the ninth section, which
reads, "No debt of the Territory shall be assimied by the State, except by
a law passed by a vote of a two-thirds of each branch of the Legislature;"
and it brought up considerable discussion, which involved the subject of
the claims awarded by the claim commissioners, and the further considera-
tion was postponed. I now propose to take up that section and con-
sider it.

The President. The section of committee's report cannot be con-
sidered without recalling the report.

Wednesday, July 20, 1859. 357

location of the seat of government.

Mr. Burnett. Mr. President, I offer the following:

"Resolved, That the Convention do now proceed to an informal vote
for the temporaiy capital."

Mr. Thacher. Mr. President, I submit this as a resolution in lieu of
it — striking out after "resolved," and inserting:

"At the election held to adopt this Constitution, the electors shall vote
for some place for temporary capital of the State; and at the place hav-
ing the highest number of votes the first Legislature shall assemble, and
the permanent location of the State capital may be regulated by law."

Mr. Graham. I move to lay it on the table.

The motion was agreed to.

The original resolution was also laid on the table, on a division — affirm-
ative 27, negative not reported.

Mr. Stiarwalt. I move we adjourn.

Mr. McDowell. I hope the gentleman will withdraw his motion. I
see on our tables the report of the committee on apportionment.

Mr. Stiarwalt. I withdraw the motion.

Mr. Preston. There have been only a few copies handed in; not
enough to distribute all round.

Mr. Stiarwalt. I now renew my motion to adjourn.

[*254] *Mr. Preston. In five minutes time there will be enough of
them for us all.

Mr. Stiarwalt. I withdraw for the gentleman.

A voice. Give them five minutes.

apportionment op representation.

Mr. Preston. Mr. President, I submit the following report, in behalf
of the committee on apportionment.

The report was read by the Secretary, as follows:

"Section 1. Every organized county shall have at least one Representa-
tive, and unorganized shall be attached to those that are organized.

Sec. 1. [2.] The apportionment of this State for members of the
Legislature shall be made every five years, beginning with the year one
thousand eight hundred and fifty, as shall be provided by law.

Sec. 3. Until there shall be a new apportionment, the State shall be
divided into Senatorial and Representative districts and the members
thereof shall be apportioned among the several districts as follows, viz:

house of representatives.

Districts. Counties. Representatives.

1st Doniphan 5

2d Brown 1

3d Nemaha 1

4th Marshall, Washington 1

5th Riley, Clay 2

6th Pottawatomie 2

7th Jackson 1

8th Jefferson 2

9th Atchison 5

358 Convention Proceedings and Debates.

Districts. Counties. Representatives.

10th Leavenworth 9

11th Wyandott 1

12th Johnson 3

13th Douglas ' 9

14th Shawnee 4

15th Waubonsa

16th Davis

17th Dickinson, Arapahoe

18th Morris

19th Chase, Butler, Hunter

20th Breckenridge 2

21st Osage 1

22d Franklin 2

23d Lvkins 3

24th Linn 3

25th Anderson 2

26th Madison 1

27th Coffey 3

28th Bourbon 3

30th Allen 2

31st Woodson 1

32d Greenwood, Dorn, Wilson, Godfrey, McGee, 1

senate.

Districts. Counties. Senators.

1st Doniphan 1

2d Brown and Nemaha 1

3d Marshall, Washington 1

4th Riley, Pottawatomie 1

5th Jackson, Jefferson 1

6th Atchison 1

7th Leavenworth 3

8th Wyandotte 1

9th Johnson 1

10th Douglas 2

11th Shawnee, Waubonsa 2

12th Dickinson, Arapahoe, Clay 1

■13th Davis, Morris, Chase 1

14th Breckenride, Osage 1

15th Franklin, Anderson 1

16th Lykins 1

17th Linn 1

18th Madison, Butler, Hunter, Godfrey, Green-
wood 1

19th Coffey 1

20th Bourbon, McGee 1

21st Allen, Woodson, Wilson, Dorn 1"

Mr. McDowell. Mr. President, I suppose it will be in order for me

to state (having been on the Committee on Apportionment), that the
report of the committee docs not meet in any sense my approbation. I
think it is unjust and unfair, and gotten up obviously for political pur-
poses. In no sense do I, as a member of that committee, sanction it.

Mr. Thacher. I would like to enquire how he knows this report was
got up for political purposes.

Wednesday, July 20, 1859. 359

Mr. McDowell. It shows it upon its face.

Mr. Thacher. He did not meet at all with the committee.

The President. The Chair is of opinion these remarks are not in order.

A Voice. What is the basis? What number of votes?

[*255] *Mr. Preston. 366 for Representatives, a small fraction over.
I,0y6 for Senators.

Mr. Slough. Mr. President, I propose to offer a resolution with refer-
ence to the re-commitment of this report, and 1 desire to state my reasons
for so doing. I submit the following:

"Resolved, That the report of the committee on Apportionment be re-
committed, and that the members of each district be required to make a
return to said committee under oath of the population of their respective
districts, in accordance with their best information and belief; and that said
committee be instructed to report an apportionment in accordance with
said returns."

Mr. Slough. Mr. President, I propose briefly to state my reasons for
the introduction of this resolution. We have been endeavoring, from all
our sources of information, aided by the passage of a resolution, to obtain
reliable information with regard to the population of this Territory. I do
not know that any information has been received in answer to his letters
by any member of the Convention, and in the absence of the returns of the
last election, we have no data upon which to base a fair apportionment of
the Territory. A basis might be formed upon a recent vote which we have,
but it is known that in any back districts and many counties a fair pro-
portion of voters did not turn out and vote. Such being the case, we can-
not from that source obtain such data as would be necessary for our use.
It is well known that every member is anxious to have his district as fully
represented as possible; and unless the returns made by members are sub-
mitted under the solemnity of an oath, those, at least, who are disposed to
investigate and make a return as nearly correct as possible, would be placed
in a position, that other members who have not, perhaps, so reliable data,
might take advantage of circumstances and make an incorrect return to the
committee. I am informed there has been considerable variety of opinion
even among the delegation from the same counties. I have been informed,
also, that the first returns made in the same of those counties have been
increased. I have been informed they have made a return in reference to
the recent vote on the Constitutional Convention; some in counties where
the full vote was not polled, and some where the population has increased
this spring. It seems to me that the proper data should be the population
to-day. or as nearly as we can approximate that. Therefore I have offered
the resolution.

Mr. Griffith. Mr. President, I move to amend by attaching these
words: "Provided, that they shall give each organized county at least one
representative."

Mr. McDowell. Mr. President, I think that population rather than
counties should be the predicate of an apportionment, and that an or-
ganized county should not be entitled to a representative, unless it has a
po])ulation sufficient to entitle it. I suppose the object of tliis whole
scheme is to have the people of the Territory in their law-making depart-
ments of government; and that object, it seems to me, is best attained —
more equally, fairly and justly attained — by arriving at, in the first place,
an approximation to the population, selecting some number of the popula-
tion as a basis, and apportioning accordingly. I think that is fair; I think

360 Convention Proceedings and Debates.

that is just, and it seems to me that is the only method by which justice
can be done to those counties that have a large population. 1 offer these
suggestions because I think they indicate the fairest scheme for apportion-
ment.

Air. Griffith. Mr. President, it is no more than justice to organized
counties that we give them each a representative. Unless we adopt this
amendment, we cannot. It is known that every county has its own peculiar
interests to care for; and when one man represents two, there are four
counties, he will not represent them all so perfectly. The western counties
are rapidly filling up, and if a county should have now but 250 inhabitants,
they may have three times that number before election. I think it
[*256] *no more than fair to allow each organized county one representa-
tive.

Mr. Stinson. Mr. President, I think the argument which the gentleman
has adduced applies with no greater force to the sparsely settled counties of
our western border than to those on our eastern border. I do not believe
there is another county that will increase faster than the one I in part
represent. The last census shows that we will have three or four hundred
votes more than were shown at the last election. It seems to me the
reason of the rule is not in that, at any rate; and as for each county hav-
ing a representative, it can only be obtained justly by decreasing the ratio
of representation, as gentlemen have justly remarked. It is not square
miles and acres that are to be represented, but people; and although there
may be hundreds of square miles with nothing on the land, it does not work
injustice if these square miles are not represented. I shall vote against the
amendment.

Mr. Thacher. ]\Ir. President, I think every organized county has dis-
trict interests that require a representative at least in one branch of the
Legislature. In New York there are counties which would not be entitled
to a representative by thousands, but every one has a representative in
the Legislature. Where you attach two or more counties together you
necessarily have to take your representative from one or the other county,
and so the interests of one or two counties are completely left in abeyance.
We have heard a good deal about the necessity of having every county
represented here, and although, as in the case of Wyandotte, one county
had got the representation which belonged to another, yet it was insisted
that we could give a county which by mistake had been left out, that which
it was not entitled to ; and now when a proposition comes up to give every
county a representative upon the floor of the House of Representatives, it is
urged, unsuccessfully I think, that population should be the basis. In other
words, if you do not give each county a representative, you sweep it out
without any representative at all. Where a representative represents two
counties, he in fact only represents one. And that is the reason why I
thought Wyandotte should be allowed her representative here, because
Leavenworth would not represent them. The only argument then was to
my mind that the Leavenworth delegation would look more to the interests
of Leavenworth county than to those of Wyandotte. I believe the amend-
ment is a wise and salutary provision, and one which should be adopted.
Every organired countv ou^ht to have a representative, and if you don't
give it one, you disfranchise it.

Mr. McClelland. "Provided a county has 200 voters." I move to
add these words.

Mr. Thacher. There are a grent many counties that it is impossible
to find out the population of; and if we were to attempt such a thing it

Wednesday, July 20, 1859. 361

would keep the Convention here for six weeks. If it were not impossible
to carry that rule into effect it might be well.

Mr. Griffith. Mr. President, I will simply state that I believe that
report to be based upon the principle I here advocate. I presume they
have some estimate of the number of voters of these counties, and I do
not know whether they would fall under 200 — 1 believe the principle is
correct. I do not propose to argue the matter.

The yeas and nays were demanded upon the adoption of the amend-
ment proposed by the gentleman from Jefferson (Mr. McClelland), and
being ordered and taken, resulted — yeas 22, nays 26 — as follows:

Yeas — Messrs. Arthur, Brown, Barton, Foster, Forman, Greer, Hippie,
Hubbard, Houston, Ingalls, Moore, McDowell, McCune, McClelland,
Palmer, Parks, Porter, Slough, Stinson, Stiarwalt, J. Wright and Wrig-
ley— 22.

Nays— Messrs. Burnett, BUmt, Burris. J. Blood, N. C. Blood, Crocker,
'[*257] Button, Graham, Griflith, Hutchinson, Hanway, Hoflman, *King-
man, Lillie. Lamb, Middleton, McCullough, Preston, Ritchie, Ross, Signer,
Stokes, Simpson, Thacher, Townsend and Wilhams — 26.

So the amendment was rejected.

The question being on the amendment of the gentleman from Bourbon
(Mr. Griffith)—

The yeas and nays were demanded, and being ordered and taken, re-
sulted— yeas 30, nays 18 — as follows:

Yeas— Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Button, Graham, Greer, Griffith, Hanway. Hutchinson, Hoffman,
Kingman, Lillie, Lamb, Middleton, McCullough, Preston, Palmer, Porter,
Ritchie, Ross, Signor, Stokes, Simpson, Thacher, Townsend and Wil-
liams— 30.

Nays — Messrs. Brown, Barton, Foster, Forman, Hippie, Hubbard,
Houston, Ingalls, Moore, McBowell, McCune, McClelland, Parks, Slough,
Stinson, Stiarwalt, J. Wright and Wrigley — 18.

So the amendment was adopted.

The question recurring upon the resolution as amended —

Mr. Graham. I move to lay the amendment on the table.

On this motion the yeas and nays were demanded, and being ordered
and taken, resulted — yeas 13, nays 34 — as follows:

Yeas — Messrs. Burnett, Blunt, Crocker, Graham, Hoffman, Kingman,
Lillie, Lamb, Porter; Ross, Simpson and Williams — 12.

Nays — Messrs. Arthur, Brown, Barton, Burris, J. Blood, N. C. Blood,
Button, Foster, Forman, Greer, Griffith, Hippie, Hubbard, Hutchinson,
Hanway, Houston, Ingalls, Moore, McDowell, McCune, McClelland, Mc-
Cullough, Palmer, Parks, Ritchie, Signor, Slough, Stinson, Stiarwalt.
Stokes, Thacher, Townsend, J. Wright and Wrigley— 34.

So the motion was rejected.

Mr. Kingman. I propose to give the reasons for my vote on the journal.

The resolution w-as then adopted, and the report was accordingly or-
dered to be recommitted to the Committee on Apportionment.

Mr. McClelland. I move we adjourn.

The motion was agreed to.

And the Convention adjourned till to-morrow morning at 8 o'clock.

362 Convention Proceedings and Debates.

Thursday, July 21, 1859.
The Convention met at S o'clock, a. m.

Prayer by the Chaplain.

The journal of yesterday was read and authenticated.

PERSONAL.

Mr. Hutchinson offered the following:

"Whereas, Dr. J. E. Bennett has been guilty of a gross outrage upon a
member of this Convention, on account of words spoken in debate upon its
floor; therefore,

Resolved, That the courtesy extended to Dr. Bennett of an honorary
seat in the Convention, be hereby withdrawn."

Mr. Ingalls. I move its adoption.

Mr. Slough. I move to refer the resolution to a select committee of
five members. It seems to me that this is a summary proceeding. The
proper course is, that the facts should be first presented to the Conven-
tion. The only proper way is to refer the matter, for inquiry into the facts.

Mr. Ingalls. It seems to me, Mr. President, that the facts are al-
ready wholly before the Convention. And as far as the question of
courtesy towards Dr. Bennett is concerned, he has certainly himself
violated every principle of courtesy, by the manner in which he appeared
before the body last Monday, as well as in the manner in which he has
conducted himself towards one of the members of the Convention, as re-
hearsed in the preamble to the resolution. I see no occasion for reference.

Mr. Slough. Mr. President, I would ask every gentleman who was
not an eye-witness of the matter complained of, how they know anything
about it? We are not presumed here to know anything about such a case
until we are informed in an official manner. Doubtless there are facts in
the case that even an eye-witness might not be familiar with. It seems to
me that in a case where character is concerned, we should proceed with
caution. And it is a plea of sheer justice, that the evidence should be be-
fore the house before judgment is taken and a penalty pronounced. I
[*258] *demand the yeas and na3's on my motion to refer.

Mr. Stinson. Mr. President, I desire to say, that in a question in-
volving the privilege of a member of this house, I disclaim all partisan
feeling and party prejudice. If an outrage has been committed, such as I
might be led now to believe, I will cordially approve any action the Con-
vention may take in maintaining its dignity. But I insist that, in an im-
portant matter like this, we should not take action before being informed
what it is taken for. I speak not as a partisan, but as a member of the
Convention, jealous of its dignity and desirous of seeing it maintained.
And for my part, I cannot vote understandingly upon this resolution. 1
do not know the facts, and all I ask is contemplated in the motion of my
colleague (Mr. Slough) that the facts shall come here in an authentic
form, in order that we may know the foundation for the proposed action.

Mr. Blunt. Mr. President, being an eye-witness to this occurrence,
which took place last evening, as far as I am concerned, individually, I
am prepared to vote for the resolution to withdraw the courtesies which
the Convention have extended to Dr. Bennett. I presume, however, that
the facts in the case are not generally known. Perhaps some know noth-
ing at all of the occurrence. Therefore I think there would be a propriety

Thursday, July 21, 1859. 363

in appointing a committee of reference, and let them investigate and bring
the matter before the house in order. I shall vote for the reference.

Mr. Hutchinson. Mr. President, I can say, with the gentleman from
Leavenworth (Mr. Stinson) that I can treat this matter entirely outside
of partisan feeling. But I believe it is known to every member, that my
colleague (Mr. Thacher) has received a gross insult at the hands of Dr.
Bennett. Now, all I ask is merely to maintain the dignity of the body,
by a decision upon full knowledge of the facts. I am opposed to giving
the matter any large notoriety and importance above what it deserves, and
for this reason I am opposed to the reference. I think all the facts can be
obtained in five minutes, by calling on gentlemen who were eye-witnesses,
and that it would be wasting time and giving it undeserved notoriety to
go any further with the case.

Mr. Thacher. Mr. President, it has been against my remonstrance that
this has been introduced. So far as I am concerned, I wish the Conven-
tion to take no notice of it. It is a matter that does not concern or
jostle me in the least.

The yeas and nays were then taken, resulting — yeas 26, nays 20 — as
follows :

Yeas — Messrs. Blunt, Brown, Barton, Foster, Forman, Greer, Hippie,
Hubbard, Hanway, Hoffman, Moore, McDowell, McCune, McClelland,
Preston, Palmer, Parks, Ritchie, Ross, Signor, Slough, Stinson, Stiarwalt,
J. Wright, Wrigley, T. S. Wright— 26.

Nays — Messrs. Arthur, Burnett, Burris, J. Blood, N. C. Blood, Crocker,
Button, Graham, Griffith, Hutchinson, Houston, Ingalls, Lillie, Lamb, Mid-
dleton, McCullough, Stokes, Simpson, Townsend, Williams — 20.

So the resolution was referred, and the Pre.^ident appointed 'the follow-
ing committee thereupon: Messrs. Slough, McClelland, J. Blood, Ingalls
and McCullough.

Mr. Slough was excused, and Mr. Stinson appointed in his place.

Mr. Ingalls. Mr. President, I desire to give notice to the committee
on Phraseology and Arrangement, of three or four reports of articles re-
ferred to them by the Convention, which have just come in from the
printer, and have not yet been acted upon by them, and to say that there
will be a meeting of that committee immediately after the recess.

Mr. Slough. Mr. President, for the purpose of giving that committee
an opportunity to prepare matter to be reported to the Convention, I
move that we take a recess for one hour.

The motion was agreed to, and the Convention took the recess accord-
ingly.

[*259] *The President resumed the chair at the expiration of the recess.

Mr. McDowell. Mr. President, is there any business before the Con-
vention ?

The Chair understands that a report will be presented in a very short
time from the committee on Phraseology and Arrangement.

ORDINANCE.

Mr. J. Blood, from the committee on ordinance, submitted the follow-
ing report:

364 Convention Proceedings and Debates.

"Whereas, the government of the United States is the proprietor of a
large proportion of the lands included in the limits of the State of Kansas
as prescribed by this Constitution; and whereas, the State of Kansas will
possess the undoubted right to tax said lands for the purpose of sustaining
a State government and for other and legitimate purposes connected with
her existence as a State; now, therefore, be it ordained by the people of
Kansas, that the right of the State of Kansas as aforesaid to tax such
lands shall be and is relinquished forever; neither will the said State of
Kansas, without the consent of Congress, interfere with the title of the
United States to said lands, or with any regulation which Congress may
prescribe in relation thereto, or tax nonresidents greater than residents,
Provided always, that the conditions following be accepted and agreed to
by Congress:

Section 1. The sections numbered sixteen and thirty-six in every town-
ship in said State, including Indian reserves and trust lands, and when
either of said sections, or any part thereof, has been sold, or otherwise
disposed of or appropriated, other lands equivalent thereto in value, as
nearly contiguous thereto as possible, shall be granted to said State ex-
clusively for the use of common schools.

Sec. 2. That seventy-two sections, or two entire townships of land
shall be set apart and granted to said State, for the support and main-
tenance of a State University.

Sec. 3. That all the swamp lands in said State shall be set apart and
granted to said State for the use exclusively of common schools.

Sec. 4. That thirty-six sections or one entire township, be set apart
and granted to said State for the purpose of erecting suitable public build-
ings for the same.

Sec. 5. That seventy-two sections or two entire townships shall be set
apart and granted for the building, support and maintenance of charitable
and benevolent institutions in said State.

Sec. 6. That all salt springs, not exceeding twelve in number, with six
sections of land adjacent thereto, shall be set apart and granted to said
State, to be used and disposed of for works of public improvement, as the
Legislature of said State may by law prescribe.

Sec. 7. That all gold, silver, lead, copper and other valuable mines,
together with the lands necessary to the full occupation and use of said
mines, shall be set apart and granted to said State for works of pubhc im-
provement, to be used and disposed of as the Legislature of said State
may by law prescribe.

Sec. 8. That five per centum of the proceeds of the sale of the public
lands sold in Kansas, from and after the admission of said State into the
Union, shall be paid to the State for the purpose of creating a common
school fund — the principal to be held sacred, and the interest to be applied
(o the education of the children of Kansas.

Sec. 9. That nothing contained herein shall be deemed a waiver of the
right of the State of Kansas to the five hundred thousand acres of land to
which said State is entitled under the act of Congress entitled "An act to
appropriate the proceeds of the sales of public lands and great pre-emption
rights," approved September 4th, 1841, and that said land be granted and
set apart to said State, to be used and disposed of by the Legislature of
said State in accordance with the provisions of said law.

Sec. 10. That two hundred entire townships of land in said State shaD
[*260] be granted *and set apart by the government of the United States
to saicl State, for the purpose of aiding in the construction of railroads and
other internal improvements.

Thursday, July 21, 1859. 365

Sec. 11. That the lands hereinbefore mentioned shall be selected in such
manner as may be prescribed by law; such selection to be subject always
to the approval of the Commissioner of the general land office of the
United States."

The report lies on the table, under the rules.

MILITIA — COUNTY AND TOWNSHIP ORGANIZATION.

Mr. Ingalls. Mr. President, in behalf of the committee on phrase-
ology and arrangement, I submit the following:

The committee on phraseology and arrangement having had imder con-
sideration the articles on militia and county and township organizations,
respectfully submit the following

REPORT.

In the article on militia, in schedule 1st, 6th Une, strike out the word
"such."

In section 2d in second line, strike out the words "by law"; in fourth
line, change the word "they" to "it."

Section 3d in second line, strike out the word "be."

Transpose section 4th so as to read as follows, viz: "The Governor shall
be commander-in-chief, and shall have power to call out the militia to
execute the laws, to suppress insurrection, and to repel invasion."

In the article on county and township organization, section 1st, make
verbal alterations so as to read as follows: "The Legislature shall provide
for organizing new counties, locating county seats and changing county
lines; but no county seat shall be changed without the consent of a ma-
jority of the electors of the county, nor anv county organized, nor the
lines of any county changed so as to include an area of less than four
hundred and thirty-two square miles."

Sec. 2. "The Legislatiire shall provide for such county and township
officers as may be necessary."

Sec. 3. "AH county officers shall hold their offices for the term of two
years, and until their successors shall be qualified, but no person shall
hold the office of sheriff or county treasurer for more than two consecutive
terms."

In section 4 strike out the word "for" in third line.

In section 5 strike out first Une and substitute word "all."

ORDINANCE.

Mr. Stinson. Mr. President, I would suggest, that it is desirable to
place all the Articles as speedily as possible in the hands of the commit-
tee on Phraseology. Therefore, as the report of the committee on Ordi-
nance is now before us, I move that the Convention now take up the con-
sideration of that report.

The motion was agreed to.

Accordingly, the Convention resolved into committee of the whole —
Mr. Palmer in the Chair — and took up the Article reported by the com-
mittee on Ordinance.

On motion by Mr. Slough, it was considered by sections, and the first
sentence [section] was read by the Secretary, to wit:

"Whereas the Government of the United States is the proprietor of a
large proportion of the Lands included in the limits of the State of Kan-
sas as prescribed by this Constitution, and whereas the State of Kansas

366 Convention Proceedings and Debates.

will possess the undoubted right to tax said lands for the purpose of sus-
taining a State Government, and for other and legitimate purposes con-
nected with her existence as a State; now therefore be it ordained by the
people of Kansas, that the right of the State of Kansas as aforesaid to tax
such lands shall be and is relinquished forever, neither will the said State
of Kansas, without the consent of Congress, interfere with the title of the
United States to the said lands, or with any regulation which Congress
may prescribe in relation thereto, or tax non-residents greater than resi-
[*261] dents, Provided always, that the conditions ^following be ac-
cepted and agreed to by Congress:"

On motion by Mr. Stinson. the first syllable in the word "proportion,"
in the first fine, was stricken out; and so the sentence passed.
The first section was read, viz:

"Sec. 1. That sections numbered sixteen and thirty-six in every town-
ship in said State, including Indian Reserves, and Trust Lands, and when
either of said sections, or any part thereof, has been sold, or otherwise dis-
posed of or appropriated, other lands equivalent thereto in value, as
nearly contiguous thereto as possible shall be granted to said State ex-
clusively for the use of Common Schools."

On motion by Mr. Ingalls, the surplus word "thereto" was stricken
out.

Mr. Thacher. Mr. Chairman, I would ask whether we would not be
entitled to the sixteenth and thirty-sixth sections in every townshin. if the
words "including Indian Reserves and Trust Lands" were omitted? If
we should, then I think it would be better to omit them; if not, better to
include them.

Mr. J. Blood. I think, without the words it would leave the matter in
doubt. They were inserted to prevent any doubt in the matter.

Mr. Stinson. The Committee had that matter under special con-
sideration.

Mr. Thacher. It occurs to me, Mr. Chairman, that you had a sweep-
ing clause by which Congress grants other lands, where tho.se sixteenth sec-
tions are disposed of. I make no motion if it is thought better for the
words to be there.

Mr. Stinson. Would it not be better to strike out the first "thereto."

Mr. J. Blood. The sections we might get on the prairies would not be
worth fifty cents an acre, whilst we sometimes relinquish land worth ten
dollars an acre. I do not propose to reUnquish valuable lands which we
have a right to under the organic act, and accept of other lands not of equal
value.

Mr. President Winchell. Mr. Chairman, I have an amendment in
the form of a substitute, which merely changes the arrangement of the
words. It covers just the same ground, I apprehend, as the original:

"First. That sections sixteen and thirty-six in every township in said
State, including Indian Reservations and Trust lands, shall be granted to
the State exclusively for the use of common schools; and where either of
said sections, or any part thereof, has been sold, or otherwise disposed of or
appropriated, other lands of equal value, as nearly contiguous thereto as
possible, shall be granted to the State for said purpose."

Mr. McDowell. Wn^ld not the committee on Phraseology have a right
to make these transpositions?

Thursday, July 21, 1859. 367

Mr. WiNCHELL. I opine they would. But at the same time it would
be only fair, if they [we] would do what they [we] could to make these
matters right as we pass along.

Mr. Stinson. If there is ambiguity, then I would be in favor of the
substitute. To me it seems that there might be several words saved here,
and the same idea expressed.

Mr. WiNCHELL. The object is to express the sense of the report. I
offer the substitute merely as being a better arrangement of the language.

The substitute was adopted and so the section was passed.

Sections 2, 3, 4, 5, 6, 7, were read and passed without amendment, viz:

"Sec. 2. That seventy-two sections, or two entire townships of land shall
be set apart and granted to said State, for the support and maintenance of
a State University.

Sec. 3. That all the swamp lands in said State shall be set apart and
granted to said State for the use exclusively of Common Schools.

Sec. 4. That thirty-six sections or one entire township, be set apart and
[*262] granted to said *state for the purpose of erecting suitable public
buildings for the same.

Sec. 5. That seventy-two sections or two entire townships shall be set
apart and granted for the building, support and maintenance of charitable
and benevolent institutions in said State.

Sec. 6. That all salt springs not exceeding twelve in number, with six
sections of land adjacent thereto, shall be set apart and granted to said
State to be used and disposed of for works of pubhc improvement, as the
Legislature of said State may by law prescribe.

Sec. 7. That all gold, silver, lead, copper, and other valuable mines, to-
gether with the lands necessary to the full occupation and use of said
mines shall be set apart and granted to said State for works of public im-
provement, to be used and disposed of as the Legislature of said State may
by law prescribe."

Section 8 was read, viz :

"Sec. 8. That five per centum of the proceeds of the sale of public lands
sold in Kansas from and after the admission of said State into the Union,
shall be paid to the State for the purpose of creating a Common School
fund — the principal to be held sacred, and the interest to be applied to the
education of the children of Kansas."

Mr. BuRRis. Mr. Chairman, I move to amend in the twenty-seventh
line, by striking out the word "from," and inserting the word "before," so
that it will read: "five per centum of the proceeds of the sales of the pub-
lic lands sold in Kansas before and after the admission of the said State,"
&c. I believe that under this section, as it now stands, the State of Kansas
would be cut off from a very large amount of this five per cent., to which
she is justly entitled, and which new States usually receive. For if she
does not receive this per cent on lands sold before her admission, she will
receive but little, because the larger portion of the best lands will no doubt
be sold before her admission. I believe that Iowa received her five per cent
on the lands sold there before as well as after her admission. That is my
impression: and I have a distinct recollection that it was claimed.

Mr. Stinson. Mr. Chairman, I think that, on examination, the gentle-
man will find the precedents against him, and that the five per cents arc
not to be awarded until after the admission of the State.

368 CoxvEXTiox Proceedings and Debates.

]\Ir. Thacher. Mr. Chairman, under this section you only give five per
cent on the lands sold for cash. The gentleman from Johnson will remem-
ber that in Iowa, a large portion of the public lands were taken by the
location of bounty land warrants, and that the State received nothing for
them. I think we ought to have a provision to secure us against that.
Governor Lowe insisted that that was the contract between Iowa and the
United States — that she should have five per cent, on all the pubUc lands
sold after her admission, and that by the bounty land warrants coming in,
the State was wronged out of a large amount of money. I move, sir, to
insert after the word "sold," these words: "or located as bounty land."

Mr. Wrigley. I would suggest the propriety of using the word "en-
tered," instead of "located."

Mr. Thacher. Mr. Chairman, I am not satisfied with the wording, and
I hope some gentleman wiU suggest something better. I accept the modi-
fication.

The latter amendment was adopted, and so the section was passed.

Section 9 was read, viz:

"Sec. 9. That nothing herein contained shall be deemed a waiver of the
right of the State of Kansas to the Five Hundred Thousand acres of land
to which said State is entitled under the Act of Congress entitled "An Act
to appropriate the proceeds of the sales of the pubhc lands and grant pre-
[*263] emption rights," approved September 5th, 1S41, and *that said
land be granted and set apart to said State to be used and disposed of by
the Legislature of said State in accordance with the provisions of said law."

Mr. Parks. Mr. Chairman, the law here referred to was approved
on the 4th of September, 1841 — not the 5th.

The section was corrected accordingly, and so passed.

Section 10 was read, viz:

"Sec. 10. That two hundred entire townships of land in said State shall
be granted and set apart by the Government of the United States to said
State for the purpose of aiding in the construction of railroads, and other
internal improvements."

Mr. President Winchell. Mr. Chairman, I would enquire whether
there should not be some provision to secure an equal amount of land, in
case these two hundred townships can not be procured?

Mr. J. Blood. I have just prepared an amendment to meet that. I
propose to insert in the 25th line, after the word "township," these words:
"or four millions six hundred and eight thousand acres." That amount
of land to be granted on the admission of the State. I believe all the
western States have received a grant from Congress equal, if not greater
than the amount proposed in this ordinance.

Mr. Stinson. I would strike out the word "entire."

These amendments were agreed to, and so the section passed.

Mr. Slough submitted the following:

"Sec. . That five hundred thousand acres of land in the State shall

be granted and set apart by the government of the United States for the
payment of claims, proven before the Board of Commissioners appointed
under "An act to provide for the Adjustment and Payment of Claims,"
offered February 7, 1859, by the Governor of the Territory of Kansas."

Mr. Ingalls. Mr. Chairman, I would inquire whether the report of
the Commissioners under the act of February 7, is officially before this
body. If not, I would suggest the propriety of waiting till it is before you.

Thursday, July 21, 1859. 369

Mr. Thacher. I think the motion is premature. It should go into
the memorial to Congress — not as a condition of our admission.

Mr. SuorGH. I thought this was the most appropriate place to come in.
I am informed by one of the Board of Commissioners — the gentleman
from Brown (Mr. Kingman) that the sum of their awards amount to
about $412,000, and I inserted five hundred thousand acres, believing that
would be sufficient to cover all the claims and expenses of adjustment.
It seems to me clearly, that these claims ought to be paid by the United
States, and not saddled upon the people of Kansas.

Mr. Thacher. I also want a hundred thousand acres to improve the
navigation of the Kaw river. But neither this, nor these claims should be
made a condition precedent to the admission of Kansas; and if we put them
into the ordinance we say to Congress virtually, that unless these grants
are made we wiU stand out of the Union. The proper place for these appli-
cations is in the memorial, so that, if Congress reject the memorial, they
can still admit us with the Constitution and this ordinance which is a
part of the Constitution. No man is more willing and anxious to see
every one of those honest claimants paid than I am. I believe Col. S'ough
and myself are aereed on that, entirely. But I do believe it would be an
unwise endangering of the safety and success of the Constitution to insert
anything of this sort in the ordinance. It is not to be disguised, sir, that
there is considerable feeling in the Territory on this question, and many
strange stories are rife in connection with it, and all of them will go before
Congress. Let us then send up our application for these claims in the
memorial. Thus we shall not place ourselves in the unpleasant position of
saying to Congress, unless you make these appropriations we will turn
[*264] our backs and refuse to come into the Union. If, then, we *are
really anxious to throw off the Territorial vassalage we have endured so
long — if we are really desirous of the advantages of State sovereiznty, I
beg of gentlemen not to add anything here that will have a tendency to
defeat this object.

Mr. Slough. Mr. Chairman, I do not propose to say but a single
word. If a committee on memorial had been raised by the Convention, to
which such matters as these iright have been referred, I should never
have introduced this section. But no such a committee has been raised,
and this is the first intimation that I have heard about memorializing
Congress on this subject. And if it is the desire of the Convention to
memoriaUze Congress on this and kindred subjects, I would suggest that
such a committee be raised.

Mr. Thacher. I did not know but what there was a committee on that
subject.

Mr. Slough. There is no such committee. But I shall not consent
either by my vote or influence here, that the payment of these claims
may be palmed upon the people of the Territory or of the new State of
Kansas. I now ask leave to withdraw the proposition, for the purpose, at
the proper time, of referring it to the Committee on Memorial.

Mr. J. Blood. Mr. Chairman, the Committee on Ordinance considered
the matter of these claims, and there were objections to inserting such a
section in this ordinance. But the committee considered that it would be
proper for them to report a memorial or resolution, asking Congress to
provide for the pajTnent of the awards to these claimants, together with
all the other indebtedness of the Territory; and to ask for anything else
that might be thought best. But it was thought not best to put these

24 — 778

370 Convention Proceedings and Debates.

things into the ordinance. If we ask for these things in a memorial, and
they should not be granted, still we might not be embarrassed by them as
to our admission and the organization of a State government; and the
matter would still be open for future negotiation with Congress. For
these reasons it was thought best not to include this matter in the ordi-
nance. And another reason was that the report of the Commissioners
was not before us, and therefore were not able to fix upon the exact
amount of these claims. And it was also considered that we would have
an opportunity to make another report.

Mr. Slough. With this explanation of the chairman of the Committee
on Ordinance, it will not be necessary to msist on this any further now.
But as this matter had been referred to that committee some time ago, in a
resolution offered by myself, 1 thought they had perhaps determined not to
report it.

Mr. J. Blood. The gentleman will recollect that ours is the Committee
on Ordinance and the Public Debt, and that this is simply their report on
ordinance — leaving the matter of the public debt for a future report.

Section 11 was then read and passed, viz:

"Skc. 11. That the lands hereinbefore mentioned shall be selected in such
manner as may be prescribed by law; such selection to be subject always to
the approval of the Commissioner of the General Land OfRce of the United
States."

Mr. Houston submitted the following as an additional section:

"Sec. 12. That twelve sections of land be granted to the State for the
improvement of the Kansas river."

Mr. Houston. I believe we can get that. We have asked here for
nothing but what it is ordinary for Congress to grant to a new State, and
we may secure this as well as not. It is not my purpose to press this with
a speech, but simply to call attention to the fact. It is well known that
Congress pays annually large amounts of money for transportations to
Fort Riley. It is also well known that now whilst there is no railroad com-
munication in that direction, Congress must feel that there are special
claims and reasons for doing something toward improving the navigation of
[*265] the Kaw river, in connection with a system of internal im*prove-
ments reaching towards the mountains. It is also well known that such
an improvement would be valuable to the general government itself. I
hold, therefore, that Congress will not hesitate about this grant. They
will see that the government will make money by the operation. That will
be a means of extending the settlements — of filling up and selling more
lands, and of facilitating the transportation of military stores. I think, sir,
if gentlemen will ponder these things they will see that the matter of this
grant will not hinder our admission for a single moment. These are weighty
and important considerations to be urged in its favor.

Mr. Crocker proposed to strike out the "twelve sections," and insert
"twelve acres."

Mr. Thacher proposed "one hundred sections."

Mr. J. Blood. Mr. Chairman, I feel the importance of getting up some
proposition by which the navigation of the Kaw river may be improved.
I feel that this thing is very important to the whole State. But I think the
amount proposed in the section is entirely inefficient [insufficient]. That a
sufficient amoimt of land will be obtained for this purpose, I have no
doubt. And in addition to this, I have to say, that it has been agreed upon
by our committee to memorialize Congress for a separate grant of land for

Thursday, July 21, 1859. 371

that purpose. If we do not obtain it, then we may appropriate the lands
belonging to the State to that purpose.

Mr. Houston, Mr. Chairman, I am quite well aware that the idea of
improving our western waters is a very unpopular one in Congress. I know
that they have not favored the improvement of the navigation of our
rivers heretofore. They have been almost sure to be defeated. Every
effort to improve the upper Mississippi has failed; and therefore I de-
termined to put in for a reasonable amount. With reference to me-
morializing Congress for this, I think that would be to defeat the whole
thing; and so when they come to decide on the railroad grants, they will
not have a foot of land for the Kaw river. I think, sir, this is an oppor-
tunity in which Congress may be successfully called upon to do something,
without raising the Constitutional question against us. Whereas, if it were
a specific efiort, by way of memorial, it would certainly come under all the
fatal questions in connection with the improvement of western streams.

Mr. Ritchie. Mr. Chairman, at the proper time I shall be in favor of
such an appropriation; but 1 deem this not the proper time, and therefore
I move to lay the section on the table.

The motion was agreed to.

The committee now rose and the chairman reported the ordinance
article, with the amendments, to the Convention, recommending concur-
rence.

Mr. Stinson. Mr. President, I move that the ordinance article, as
reported with the amendments from the Committee of the Whole, be
adopted as a whole.

The motion was adopted ; and then, on the further motion of Mr. Stin-
son, it was ordered to be printed and referred to the committee on
Phraseology and Arrangement.

Mr. Ross. Mr. President, is there anything before the Convention?

The President. There is matter reported from the committee on
Phraseology and Arrangement.

Mr. Ross. I move that the Convention take a recess till 3 o'clock, to
give the committee on Apportionment time to perfect their report.

And accordingly the Convention took a recess.

AFTERNOON SESSION.
The President called the Convention to order at 3 o'clock.

DR. J. E. BENNETT.

Mr. Stinson. Mr. President, the committee to whom was referred the
resolution of the gentleman from Douglas (Mr. Hutchinson) beg leave to
submit the following report:

[*266] "The special committee to whom was referred *the resolution
withdrawing the honorary seat tendered by this Convention to Dr. J. E.
Bennett, beg leave to report that upon an examination of the Journal of
this Convention they find that Dr. Bennett, at the time of the alleged out-
rage, was not in any way entitled to an honorary seat in this Convention."

The report was concurred in.

Mr. Slough. I move that the report be filed.

The motion was agreed to.

372 Convention Proceedings and Debates.

the militia.

Mr. Slough. Mr. President, I move that we take up the report of the
committee on Phraseology and Arrangement on the Militia.

Mr. McDowell. I would enquire whether the special committee to
whom was referred the question as to the position of Articles in the hands
of the revision committee have made a report ?

The President. The committee have not reported. The gentleman
from Douglas (Mr. Thacher) is chairman.

Mr. Thacher. The committee have agreed upon a report and when-
ever occasion seems to require, will report it.

Mr. Slough. Mr. President, is any further motion necessary?

The President. The report of the committee on Phraseology and Ar-
rangement on the Article on Militia is before the Convention for any
action.

Mr. Slough. I call for the reading of that report by sections.

The report was read and the following were the several amendments
agreed to:

In section 1 strike out the word "such" where it occurs the second time.
In section 2 strike out the words "by law" and change the word "they"
to "it."

In section 3 strike out the word "be" where it occurs the second time.

Transpose section 4, so that it will read as follows:

"Sec. 4. The Governor shall be Commander-in-Chief, and shall have
power to call out the Militia to execute the laws, to suppress insurrection
and to repel invasion."

Mr. Houston. Mr. President, I was about preferring a substitute in
lieu of the second section.

The President. In the opinion of the Chair no amendment of any sec-
tion will be in order without first reconsidering the section.

Mr. Slough. What is the proposed amendment?

Mr. Houston. As we have passed it, section second reads:

"Sec. 2. The Legislature shall provide for organizing, equipping and dis-
ciplining the Militia in such manner as it shall deem expedient — not in-
compatible with the laws of the United States."

"Sec. 2. The Legislature shall provide for the election and discipline of
a skeleton corps of mi'itary officers, but the people of the State shall not
be compelled to do military duty, except in those cases specifically pro-
vided for by law."

Mr. Kingman. Did I understand the reading — "a corps of skeletons?

Mr. Houston. I will leave out the word skeleton if it is particularly
offensive. I will make but a single remark. The jiroposition laid down is,
that the Legislature shall provide by law for a militia organization, in-
volving, of course, a great deal of expense and time, and every man knows
the whole system of training is a perfect farce. There never was a greater
farce. For that reason I think it would be better for us to simply pro-
vide for the proposed corps of officers.

Mr. Slough. Mr. President, I rise to a point of order. I believe there
is no motion before the Convention.

The President. The motion is to adopt the entire article.

Thursday, July 21, 1859. 373

Mr. Stinson. I would state, in explanation of the remark of Mr.
Kingman, made upon hearing it suggested that a corps of skeletons
[*267] *\vere to be organized, that visions of military ambition began
to run through the gentleman's brain.

The Article on IVIilitia, as amended by the committee on Phraseology
and Arrangement, was adopted.

Mr. Slough. Mr. Pre.sident, although this has been reported from the
committee on Phraseology and Arrangement, I think it would be proper
to recommit for the puri^ose of Arrangement. For that purpose I will
offer the following resolution:

"Resolved, That after Articles have been adopted by the Convention,
that they be referred to the committee on Phraseology and Arrangement
for Arrangement and Engrossment."

Mr. Eoss. I would ask what we are to understand by the word "en-
grossment"— whether it is the usual form or otherwise?

Mr. Slough. It seems to me it ought to constitute the original instru-
ment that will be signed by members of the Convention. That is the idea
contemplated. It is an enrollment, properly. I will insert the word '"en-
rollment" instead of "engrossment."

The President. I suppose that is intended to apply to the written
copy as a whole.

Mr. Slough. Yes, sir.

The President. The resolution is adopted.

COUNTY and township ORGANIZATION.

Mr. Slough. Mr. President, there is another report before the Con-
vention, I beUeve; the report from the committee on Phraseology and Ar-
rangement on the report of the Committee on County and Township or-
ganization. I move that be taken.

The motion was agreed to.

The following amendment of the committee was read.

"In section 1 make verbal alterations so as to read:

" 'Section 1. The Legislature shall proAdde for organizing new counties,
locating county seats, and changing county lines, but no county seat shall
be changed without the consent of a majority of the electors of the county;
nor organize a new county, nor change the lines of any county organized
so as to include an area of less than four hundred and thirtv-two square
miles.' "

Mr. Stinson. Mr. President, I move to strike out that portion re-
ferring to "the area of not less than 432 square miles." That looks like
one of the restrictions we have been crying out against.

Mr. Slough. I move to lay the motion on the table.
This motion was agreed to.

The amendment of the committee was then adopted.
The following amendment of the committee was adopted:
"In section 2 make verbal alterations so as to read:
"Sec. 2. The Legislature shall provide for such county and township
officers as may be necessary."

The Committee's amendments to section 3 was read as follows:

374 Convention Proceedings and Debates.

"In section 2 [3] make verbal alterations so as to read:

"Sec. 3. All county officers shall hold their offices for the term of two
years and until their successors shall be qualified, but no person shall
hold the office of Sheriff or county Treasurer for more than two consecutive
terms."

Mr. Kingman. In fixing the term of office I see it is fixed for two
years.

The President. The Chair understands the section to embrace the
intent of the original section.

The Committee amendment was adopted.

The following committee amendments were then adopted:

"In section 4 strike out the word 'for.' "

"In section 5 strike out the words 'Justices of the Peace and' and insert.
'AU.' "

The Article on County and Township Organization, as amended by the
[*268] committee on Phra-seology and Arrangement, was then adopted
and recommitted for enrollment under the rule.

CORPORATIONS AND BANKS.

Mr. Ingalls. Mr. President, as chairman of the committee on Phrase-
ology and Arrangement, I beg leave to submit the following report:

The committee on Phraseology and Arrangement having had under
consideration the Articles on "Corporations" and "Banking and Currency,"
respectfully submit the following report:

"In section 1, line 3, strike out "formed" and insert "created."

In line 4 strike out "from time to time," and in line 5 "altered or" and
add after the words "amended or repealed."

For section 2 read as follows:

Dues from corporations shall be secured by individual liability of the
stockholders to an additional amount equal to the stock owned by each
stockholder, and such other means as shall be provided by law, but such
individual liability shall not apply to railroad corporations or corporations
for religious or charitable purposes.

In section 3 read "the title to all property of religious corporations
shall vest in Trustees, whose election shall be by the members of such cor-
porations."

In section 5, last line but one, transfer "so" and place it before "re-
stricted."

In section 6, line 2, strike out "be construed to." In line 4 strike out
"any of the."

Strike out all after "corporations" in line 6 and read "may sue and be
sued in their corporate names."

Change title of Article on Banking and Currency to "Banks and Cur-
rency."

In section 2, line 1, strike out the word "general" and punctuate dif-
ferently.

In section 3, line 6, strike out "an."

Section 4, lines 1 and 2, change "bank notes issued as a circulating
medium" and read "circulating notes." In line 4 strike out "bank" and
read "such."

In section 5, line 2, strike out "bank or."

In section 6 transpose "officers and offices" in line 2, and in line 5
Btrike the word "bank" and read "circulating."

Thursday, July 21, 1859. 375

Strike out section 7. If recommendation not adopted strike out in
line 2 tiie word "bills" and insert "circulating notes."

In section 8 strike out entire section and insert: "No banking law shall
be in force until after its submission and ratification by a popular vote at
some general election." If recommendation not adopted, in line 1 strike
out "such general" and in line 2 "any force or effect" and insert in lieu of
the last "be in force." In line 5 strike out the word "been."

For section 9 read: "Any banking law may be amended or repealed."

The President. The Chair believes that the amendment will be in
order without a reconsideration of the section adopted, except such amend-
ments as have been reported by the committee on Phraseology.

Mr. Blunt. I move that it be reconsidered.

Mr. Kingman. There is a difference of opinion as to whether an
amendment has not been adopted which is not in it.

Mr. Thacher. In committee of the whole a clause was stricken out
and in Convention it was reinstated. The words were, "irrespective of any
benefit from any improvement proposed by such corporations."

Mr. Blunt. That is the amendment I was proposing to offer.

The President. The Chair would state that the next morning, when
the journal was read, in connection with the section so amended, I arose
and called the attention of the House to it.

The President. The Chair has a recollection of something of the sort.

Mr. Slough. Then the question comes in this shape: The recommen-
dation of the committee is to strike out. I move that portion of the report
be rejected.

[*269] Mr. Blunt. I don't know that I understand *the exact effect
of the vote to be taken on this motion.

The President. The effect will be to reinstate the clause which was
stricken out in committee of the whole, and reinstated in Convention.

Mr. Blunt. That is what I desire.

The m.otion was agreed to.

The section as amended was then adopted.

The committee's amendments to sections 5 and 6 were then read and
adopted.

The Article on Corporations was then adopted as amended: and recom-
mitted to the committee on phraseology and arrangement, for arrangement
and enrollment.

banking and currency.

The amendments of the committee on phraseology and arrangement, to
the report of the committee on Corporations and Banking, entitled, Bank-
ing and Currency, were then considered.

The amendments to sections 1 and 2 were read and adopted.

The amendment to section 3 was read.

Mr. McDowell. Mr. President, before the Convention proceeds to the
consideration of the third section, I would like to move a reconsideration of
the second section, so as to amend it in regard to the character of the col-
lateral securities to be deposited with the Auditor of State. My object in
asking a reconsideration is to strike out the words "interest paying bonds of
the several States," and insert "interest paying bonds of the State of Kan-
sas," or of the United States, &c.

376 Convention Proceedings and Debates.

Mr. Stinson. I move to reconsider the section.

On this motion the yeas and nays were demanded, and being ordered and
taken, resulted — yeas 22, nays 24— as follows:

Yeas — Messrs. Blunt, Brown, Barton, Foster, Greer, Hippie, Hubbard,
Hutchinson, Houston, Kingman, Moore, McDowell, McCune, McClelland,
McCuUough, Parks, Stinson, Slough, Stiarwalt, Simpson, J. Wright, Wrig-
ley-22.

Nays — Messrs. Burnett, Burris, J. Blood, N. C. Blood, Dutton, For-
man, Graham, Griffith, Hanway, Hoffman, Ingalls, Lillie, Lamb, Middle-
ton, Preston, Palmer, Porter, Ritchie, Signor, Stokes, Thacher, Townsend,
T. S. Wright, WiUiams— 24.

So the motion was rejected.

The committee's amendment to section 3 was adopted.

The committee's amendments to sections 4, 5 and 6 were read and
adopted.

Mr. Preston. Mr. President, would it be in order to move a reconsid-
eration of the seventh section?

The President. The committee have reported to strike it out, which
will obviate the necessity of a reconsideration.

Mr. Thacher. Mr. President, I wish to urge one thing in favor of sup-
porting the report of the committee, and that is, in Kansas we shall have
notes of a less denomination than five dollars from all the different banks
of the Union, and it seems hard to impose a restriction upon our banks
when we do not upon foreign banks — we thus tax our own banks for the
benefit of foreign banks.

Mr. Kingman. Mr. President, I represent a very respectable com-
munity who are averse to amendments, and my reasons are these: small
bank notes drive out of the country our change. They pass into the hands
of small dealers, in payment for labor and in exchange for the small com-
modities of a large class of people who know little or nothing of the
genuineness of bills. If we keep our banks from issuing small notes, they
will regulate the currency. A half a dozen leading business men can drive
all these small issues out of Kansas.

Mr. J. Blood. Mr. President, my opinion of the effect of this restric-
tion is different from that contemplated by the gentleman from Brown
(Mr. Kingman). Our banks would su]iply themselves with the small
notes of foreign banks, perhaps in exchange for their own, and they would
[^270] become interested *in the circulation of these small notes. We are
not driving out small notes from circulation by such a restriction. We are
s'mply preventing the issue of small notes by our own banks, and supplying
their place by foreign bills. I think the effect of this will be injurious to our
banks and to the people. I am in favor of the report of the committee.

Mr. Preston. Mr. President, if, by adopting this section, we could
throw out of circulation in Kansas, all small notes, I would favor it re-
maining as it is. I believe experience teaches that it does not obviate the
difficulty which the gentleman from Brown (Mr. Kingman) thinks will be
the effect of allowing foreign small notes to be circulated. In Ohio, there
is a law prohibiting the issue of bank notes of a less denomination than
five dollars, but this does not prevent the circulation of small notes; the
State is flooded with small notes from Kentucky, Indiana, and other States.
The same number are in circulation as though they were issued by the

Thursday, July 21, 1859. 377

banks of Ohio. I would rather have our own than foreign paper; and so, 1
shall go in favor of the recommendation of the committee.

Mr. Thacher. Mr. President, Pennsylvania has tried this very system,
and the result is they never can carry into execution their law against the
circulation of foreign bank bills. Men are not apt to refuse a dollar for
anything, and the result is, instead of placing bills in the hands of your
laboring men with which they are acquainted, you have, in place of them,
bills they know nothing at all about. We have ones, twos and threes of
Indiana, Illinois, Wisconsin, and every State east of this, except perhaps
Missouri; and the only effect of this restriction is, to keep our own ones,
twos and threes from circulating, and allowing bills of foreign banks to be
circulated here. If that is the object, keep it in; but if it is desirable to
give circulation to Kansas banks, then we ought to strike out this section.
It is a tax upon our own banks — if gentlemen are in favor of it, let us vote
for it, but if opposed to such an imposition, they should vote to strike it
out.

Mr. Griffith. Mr. President, I have no fear that it will be as repre-
sented by the gentleman from Douglas (Mr. Thacher). In the State of
Missouri, as far as my knowledge extends, I have never had a one or two
dollar bill offered me; nor in Kansas neither, except in this part of the
country. The object of restricting the circulation of notes of a less de-
nomination than five dollars is. that we will not drive off this ffoM and
silver into the coffers of the banks. I believe it can be regulated by law,
and that we can drive out foreign one dollar notes and have a small cir-
culation of gold and silver, if we do not strike out this section. My judg-
ment is that the effect will be to the contrary from what the gentleman
from Douglas thinks.

Mr. McClelland. Mr. President, my experience in Missouri is differ-
ent from the gentleman's who last spoke. I have taken one and two dollar
bills in Missouri, and find them plenty there. The effect of keeping this
section here, will have the tendency to drive specie out of the State, rather
than to leave it here. People traveling through here will use currency
that is easier carried than silver — will bring in these bills and circulate
them — and whenever they have occasion to spend their larorer money, if
there should be no bills of a less denomination than five dollars, the tend-
ency would be to carry away the small change. In Ohio, when they passed
a law against the circulation of any bank bill under five dollars, they
found it difficult to get along without the small change, and they called
upon the banker to issue small bills, in order to make their small circula-
tion sufficient. Specie was worth five per cent., because there was not
enoueh home bills to answer the purpose of small change, and foreign
[*271] bills being excluded, it raised the price of specie even to *five per
cent. I am in favor of striking out this section.

Mr. Crocker. Is an amendment in order?

The President. No amendment is in order until after further action
shall be taken..

Mr. Stiarwalt. Mr. President, it seems to me gentlemen talk a good
deal about small bills in Ohio and Pennsylvania. I have been a little ac-
quainted in those States, and I have frequently taken a ten dollar bill and
given as high as fifty cents to get silver for it. I don't believe any gentle-
man can go into Missouri and get a ten dollar bill changed; and why?
They have got plenty of specie, but there are no small bills issued by the
State. You offer them a bill, and the man will tell you plainly they won't

378 Convention Proceedings and Debates.

take that, and they get the specie. Let me tell you, sir, it is my opinion
that the common people are cheated more in counterfeits of one, two and
three dollar bills than all the balance, because it is expected to paas them
upon people who don't know anything about the money. I have been at
Pittsburgh, and have had to pay from one to five per cent., to get a bill
changed; and I have done the same in Cincinnati. I think a less denomi-
nation than five dollars ought not to be issued. It has a tendency to drive
specie out of circulation.

Mr. Greer. Mr. President, I shall oppose the recommendation of the
committee, on the ground that I believe this section to be a restriction
upon banking; and it strikes me the arguments used against it are not
well taken. It matters little to the man who only gets a bill once in a
while — who only gets small bills. I believe it will have a tendency to pre-
vent a large circulation of small bills that would otherwise be issued by
irresponsible bankers who will spring up in this State. Every man ac-
quainted with the local transactions of Kansas Territory', knows that there
are less small bills in circulation here than anywhere else in the country.
It is very immaterial to a man who is making a living by day labor,
whether he has the bills of Kansas, Indiana, Ohio, or Pennsylvania, so they
are good; and he is as likely to know whether the bills are good of the
Indiana, Ohio, or Pennsylvania banks, as he is of those in this State; and
they will be just as likely to be good. It can't be pretended that we are
going to make a safer system of banking than other States. The only
argument in favor of striking out, would be in favor of the banker, and
not in favor of the mass of the people. I go for the section because I am
in favor of restriction.

Mr. Burnett. Mr. President, I hope the section will be stricken out.
In Missouri, they have had this restriction, but it has never prevented the
circulation of small bills. You can find plenty of them all over the State,
and they are all the bills from foreign States, of course. By this restric-
tion you give the preference to foreign bills over those of our own banks.
It is a restriction against our own banks, and in favor of foreign banks.
I hope the recommendation of the committee will prevail.

The question being upon the recommendation of the committee to strike
out section 7 —

The yeas and nays were demanded, and being taken, resulted — yeas 22,
nays 27 — as follows:

Yeas — Messrs. Burnett, Blunt, Burris, J. Blood, N. C. Blood, Crocker,
Foster, Graham, Hutchinson, Hoffman, Lillie. Lamb, McClelland, Preston,
Porter, Ross, Signor, Stokes, Simpson, Thacher, Townsend, Williams — 22.

Nays — Messrs. Arthur, Brown, Barton, Button, Forman, Greer, Grif-
fith, Hippie, Hubbard, Hanway, Houston, Ingalls, Kingman, Middleton,
Moore, McDowell, McCune, McCullough, Palmer, Parks, Ritchie, Slough,
Stinson, Stiarwalt, J. Wright, Wrigley, T. S. Wright— 27.

So the recommendation was rejected.

Mr. Slough. I move the adoption of the original section.

The President. The committee's amendments to the section are not
all stated — strike out the word "bills" and insert "circulating not^s."
[*272] *The amendment was agreed to.

Mr. J. Blood. Mr. President, if in order, I move to reconsider the vote
by which the section was adopted.

Mr. Six)UGH. I would inquire what is the proposed amendment?

Thursday, July 21, 1859. 379

Mr. J. Blood. Did I understand the recommendation of the committee
was adopted?

The President. The recommendation to strike out was rejected; the
amendment to change the word "bills" to "circulating notes" was adopted.

Mr. J. Blood. 1 move to reconsider the vote by which the section was
adopted, for the purpose of inserting "fifty" in the place of "five" dollars.
If it is good policy to exclude bills of a less denomination than five dollars, I
think it is good pohcy to e.xclude bills less than fifty. If gentlemen wish to
have the small notes of foreign banks circulated here, I think we should
have exclusively the issues of foreign banks. If small bills of our banks
were put in circulation —

The President. The question is not debatable until the motion is fairly
before the Convention.

Mr. Slough. I move to lay it on the table.

The yeas and nays were demanded on this motion.

Mr. BuRRis. Mr. President, I would enquire whether, if we reconsider
the vote by which this section was adopted, that would open the question
again, and an amendment to strike out would be in order?

The President. It would not be open for a motion to strike out, for
the reason that that would be a question which the House has decided in
the negative.

The yeas and nays were ordered, and being taken, resulted — yeas 29,
nays 19 — as follows:

Yeas — Messrs. Arthur, Blunt, Brown, Barton, Button, Graham, Greer,
Griffith, Hippie, Hubbard, Hanway, Ingalls, Kingman, Lillie, Middleton,
Moore, McDowell, McCune, McCullough, Palmer. Parks, Porter, Ritchie,
Slough, Stinson, Stiarwalt, J. Wright, Wrigley, T. S. Wright— 29.

Nays — Messrs. Burnett, Burris, J. Blood, N. C. Blood, Crocker, Fos-
ter, Hutchinson, Hoffman, Houston, Lamb, McClelland, Preston, Ross,
Signor, Stokes, Simpson, Thacher, Townsend, Williams — 19.

So the motion to reconsider was laid on the table.

Mr. Hutchinson. I rise to enquire if a motion to amend will be in
order.

The President. A motion to amend will not be in order.

Mr. Thacher. Mr. President, the matter has come right where the
select committee expected it would, and we shall have to fight the whole
thing over again unless their report is adopted. I ask the liberty of mak-
ing a report from the committee on phraseology and arrangement, that will
cover this thing. It is as follows:

"The select committee, to which was referred the matter of the action
to be taken by the Convention with the reports of the committee on
phraseology and arrangement, respectfully report:

"That the Convention adopt the reports without amendment, unless the
amendments come recommended by the committee on phraseology and ar-
rangement."

Mr. Hutchinson. Mr. President, this reaches the point we had at issue,
precisely. My opinion is that the bills which have passed through the
hands of this Convention and gone to the committee on phraseology, with
the understanding they are to be returned again, when they are returned,
will appear here as on their second reading. Now, the question arises, how
is any proceeding necessary before the offering of —

380 Convention Proceedings and Debates.

The President. The gentleman is not in order, unless he discusses the
report of the committee. The question is not upon the ruling of the Chair.

Mr. Hutchinson. I will simply state that I believe it is the privilege of
all deliberative bodies to be allowed at least three readings of any subject
matter they pass upon.

[*273] Mr. Slough. Mr. President, as a member *of the committee to
which this matter was referred, it is proper I should make some explana-
tion of the system I preferred, and I propose to shape it in the form of an
amendment to the report. I think it well to adopt some such rule with
reference to sections that have been passed upon by the Convention. There
may necessarily arise matters that have been omitted, and matters of such
great importance that it will become necessary to suspend this rule if we
now adopt it. I would make this exception to the rule, that its application
shall be to all sections that have been passed upon by the Convention, but
that new sections may be proposed. I move this amendment to that
report :

"Except new sections or sections not passed by the Convention and
referred to the committee on phraseology and arrangement."

Mr. Thacher. Mr. President, the object of the report is to expedite
our business; and as we would have to fight a new battle over again upon
every question that is mooted here, it strikes me as the height of wisdom to
adopt the report. I understood the gentleman from Leavenworth (Mr.
Slough) to agree to it, and to aeree that it should be presented to the Con-
vention whenever an exigency should arise.

Mr. Blunt. Mr. Pres'dent, if that report is adopted would we be able
TO introduce new sections?

The President. The understanding of ihe Chair would be that it would
not entirely exclude new sections.

Mr. Griffith. It seems to me if a new section of importance was
brought up, the Convention would suspend the rule, and if it was not of
importance they would not.

Mr. Thacher. I am opposed to the amendment.

Mr. Slough. The Convention has this day overruled a recommendation
of the committee on Phmseolosy and Arransement. In the first report,
they made a recommendation that was overruled. If we are confined to the
passage through that committee of all matter, the Convention are [is] cut
out from action by the action of the committee.

The President. The Chair understands that by a reconsideration of a
section the Convention can take it up.

Mr. Slough. Then the ruling of the Chair sustains the ground I
occupy.

The President. The object of the Chair was to make his ruling a law
of the Convention.

Mr. Slough. The point is that if any new matter of importance may
suggest it.self to the minds of members, it may be considered in Conven-
tion after the report of the Committee on Phraseoloiy. If we adopt this
report, we are cut out from this. If we cannot go behind the report, we
may not be able to perfect this instrument as desired; therefore I move
the adoption of my amendment. It seems to me this is necessary for our
protection; and unless we do it we may place ourselves in an attitude
where we cannot finish without the violation of every rule we have adopted.

Mr. McDowell. Mr. President, I shall oppose this report and also the

Thursday, July 21, 1859. 381

amendment. I think that according to the rules which we have adopted,
this Convention has the manifest and obvious right of having an Article
read three times; and the Convention has the right to pass three times
upon any distinct Article. That was the impression of a number of us
when a great many of the reports of the committee were taken up, passed
upon in committee, and then in Convention, and referred to the committee
on Phraseology. These things were hurried through, and a great many
gentlemen desired to have reconsidered by the Convention a good many
sections that have already been adopted. I claim that as their right. I
shall claim it, and don't propose to compromise by voting for this report.
If the report is adopted, it will take a two-thirds vote to suspend the
rule. The gentleman from Douglas (Mr. Thacher) declares that he will
[*274] have to go over all again. *That is no objection. We ought to be a
deliberative body, and we cannot be too careful to perfect the provision?
of the Constitution. A great many of them are passed without discussion,
and if we are to be prevented from examining anew any Article to go in
the Constitution, I think it is a very successful application of an unheard
of "gag" in this body.

Mr. BuRRis. Mr. President, gentlemen have expressed an anxiety to
get through with their labors as soon as possible. It does strike me that
unless we adopt some such suggestion as the one proposed, we are not
likely to get done for some time. Unless the report of the committee is
adopted we may hurry as rapidly as we can, and it will take us some time
into the fourth week. I am not in favor of too great haste any more than
the gentleman from Leavenworth (Mr. ]\IcDowell) but it does seem to
me that there can be no new case arise, but what, if it is of sufficient im-
portance, it can be reached. If it is some change in a section already
adopted, it can be reached by a reconsideration, and if it is entitled to con-
sideration, that fact will be made apparent. If a new section should be
proposed — as I understand the report of the committee it would not pre-
clude gentlem.en from introducing new sections, and it would be competent
for the Convention to take such action as they might think proper. For
the purpose of expedition I shall favor the report of the committee and
hope it will be adopted.

Mr. Th.'^cher. Mr. President, the remarks made by the gentleman
from Leavenworth (Mr. McDowell) must have convinced every gentle-
man here that if we get through at all, in any reasonable length of time,
we must adopt some such provision as this. He talks as though we have
went [gone] on at railroad speed; and we had just as well consider our-
selves booked for three or four weeks longer, unless we adopt some such
provision as this.

Mr. Stinson. I would suggest that it be so amended as that this
Convention do now adjourn, and leave the Constitution in the hands of the
committee on Phraseology and Arrangement.

Mr. BuRRis. I move that the amendment be laid on the table.

The Prksident. The Chairman desires to state that gentlemen seem
to labor under a great misapprehension in regard to the rules of the Con-
vention. By reference to the printed rules they will discover, that the
Convention adopted such rules of the last Legislative Assembly of the
Territory of Kansas as were applicable to the business of this Convention.
In adopting these rules, the provisions relating to the different reading
of bills were stricken out, and so no provision is made for the second or
third reading. No precedent has ever been so given for this. In this
Convention, it will be remembered that papers of different kinds have been

382 Convention Proceedings and Debates.

introduced and acted upon immediately, and referred according to the
pleasure of the Convention. No precedents of readings, such as prevail
in a legislative body, has ever been followed even for an hour. But the
Chair sees no difficulty. The Convention have adopted certain articles,
section by section. These have been referred for the purposes of revision,
with the distinct understanding that not only any re\ision that did not
affect the sense might be reported, but that the committee would have the
privilege of making any other recommendations they might see fit, to be
acted upon by the Convention. The power is not given to that committee
to make any changes, but they can recommend changes to the Convention,
and the Convention can reject or adopt. If the committee on Phraseology
neglect to make a report, surely the Convention can reconsider and
amend, strike out, or adopt as they see proper. When gentlemen speak
of a "gag" under these circumstances, it seems as though they have not
taken sufficient pains to inform themselves of the facts.

Mr. McDowell. Notwithstanding the explanation of the Chair, I
do not take back what I said, but simply reiterate the same.

[*275] *The President. The report would not preclude the introduc-
tion of new matter.

Mr. Slough. I withdraw my amendment.
The report of the special committee was then adopted.
The 3'eas and nays were demanded on the adoption of the seventh sec-
tion, and being ordered and taken resulted — yeas 25, nays 23 — as follows:

Yeas — Messrs. Arthur, Barton, Dutton, Forman, Greer, Griffith, Hippie,
Hubbard, Hanway, Houston, Kingman, Lamb, Middleton, Moore, Mc-
Dowell, McCune, IVIcCulloudi, Parks, Ritchie, Slough, Stinson, Stiarwalt,
J. Wright, Wrigley and T. S.' Wright— 25.

Nays — Messrs. Burnett, Blunt, Brown, Burris, N. C. Blood, Crocker,
Foster, Graham, Hutchinson, Hoffman, Ingalls, Lillie, McClelland, Pres-
ton, Palmer, Porter, Ross, Signor, Stokes, Simpson, Thacher, Townsend
and Williams — 23.

So section 7 was adopted.

The committee's substitute for section S was read.

Mr. Slough. ]\Tr. President, I move to reject the amendment of the
committee. The difference between the propo.sed amendment and the
original section as adopted is, that the amendment provides for an expres-
sion of the majority of the people voting on the subject at some general
election, whereas the original section requires a majority of all the votes
polled at such election. I think we cannot throw too many safefniards
around a matter of as much importance, and it seems to me a majority of
votes should be requisite.

The yeas and nays were demanded.

Mr. Griffith. I think it is right to submit every question to a decision
of a majority of men who may vote and not to a majority of those who
may reside in the district or State.

The yeas and nays were ordered, and being taken, resulted — yeas 25;
nays 24— as follows:

Yeas — Messrs. Arthur, Brown, Barton, J. Blood", N. C. B'ood, Forman,
Greer, Hippie, Hubbard, Hutchinson, Kingman, Lamb, McDowell, Moore,
McCune, McCullousrh, Pa'mer. Parks, Ritchie, Slough, Stinson, Stiar-
walt, J. Wright, Wrigley, T. S. Wright— 25.

Thursday, July 21, 1859. 383

Nays — Messrs. Burnett, Blunt, Burris, Crocker, Button, Foster, Gra-
ham, Griffith, Hanway, Hoffman, Houston, Ingalls, Lillie, Midd'.eton, Mc-
Clelland, Preston, Porter, Ross, Signor, Stokes, Simpson, Thacher, Town-
send and Williams — 24.

So the recommendation of the committee was rejected.

The committee amendments to section 8 were then adopted.

The committee amendment to section 9 was also adopted.

Mr. McDowell. I have an additional section which I desire to offer,
and call for the yeas and naj-s upon it.

"Sec. 10. The Legislature shall prohibit the circulation within this
State of foreign bank bills."

Mr. Griffith. I move to amend by adding "of a less denomination
than five dollars."

The Presidext. The Chair believes that the amendment will not be
in order, having been substantially voted down previously.

Mr. Thacher moved to lay it on the table.

The motion was agreed to on division — affirmative 26, negative 13.

The President. The Chair desires to state, as there seems to be some
misapprehension with regard to this order, that these different sections of
articles, as they were considered by the Convention, were adopted one by
one and the Article as a whole was not adopted, but sent to the commit-
tee on Phraseology. It is now returned and none of these sections which
have been adopted can be changed without a reconsideration of the vote
by which they were adopted. But additional sections may be added, for
the reason that the Article as a whole was not adopted. The question is
now on the adoption of the Article as a whole.

Mr. Wrigley. If a motion to adopt the Article as a whole would be in
order, by what rule would not an amendment be in order?

The President. Because the separate sections have been adopted as
[*276] sections separately, *but the Article as a whole has not been
adopted yet.

The Article on banks and currency was then adopted as amended, and
under the rule referred to the committee on Arrangement for enroll-
ment, &c.

MRS. NICHOLS.

Mr. Blunt. Mr. President, with the consent of the Convention I 'wish
to present a petition that has been handed to me by some citizens of
Wyandotte, with a resolution.

Resolved, That the use of this Hall be tendered to Mrs. Nichols for to-
morrow evening.

The resolution was adopted.

Mr. Stinson. Mr. President, I move that we adjourn.

The motion was agreed to.

The Convention accordingly adjourned till to-morrow morning at 8
o'clock.

.384 CoxvEXTioN Proceedings and Debates.

Friday, JiUy 22, 1859.
The Convention met at 9 o'clock, a. m.

Prayer by the chaplain.

The roll was called, and the Secretary reported Messrs. May, McClel-
land and Perry not answering to their names.

The journal of yesterday was read and approved.

THE NORTHERN BOUNDARY.

Mr. McDowell. Mr. President, I offer the following resolution:

"Resolved, That Congress be memorialized to inckide w"ithin the limits
of the State of Kansas, that part of Southern Nebraska lying between the
northern boundary of the Territory of Kansas and the Platte River."

I will make a single remark, Mr. President, in favor of that proposition.
By the action taken the other day, fixing the northern boundary of Kan-
sas upon the line fixed by the organic act, and by moving a reconsideration
of that action and lading it upon the table, the Convention has clearly in-
dicated that they do not propose to make as an integral part of the Con-
stitution that country between our northern boundary and the Platte
River. This is a matter of great importance, it seems to me, to the future
State of Kansas, and as we are foreclosed upon the question of making it
an integral part of the Convention, I suggest that the Convention ought
to memorialize Congress upon the subject. If the resolution I have offered
meets with the sanction of the Convention, I shall then offer another
resolution requiring a committee to be appointed who shall draw up the
memorial, instructing them to report the facts connected with this matter.
It seems to me there would be no objection to accepting this proposition.
The whole matter is within the discretion and power of Congress, and it
gives, it seems to me, but an expression of the will of the people of Kansas
upon this question. I hope, therefore, the Convention will allow the reso-
lution to pass, and allow a committee to be appointed under it to draw
up such a memorial.

Mr. Stinson. Mr. President, I have but a few remarks to make to
this Convention in relation to this important matter, and that is that
when this Convention shall take action, (if it does) against this resolution.
I desire that they shall send out to the world, in its reported debates, some
reason for that action — I mean some reason becoming the dignity and
importance of the subject and of this Convention. I do not — however
much I rright desire it — view it as simply a question of political capital.
I do not desire it to go forth from this hall, that a Convention assembled
for the duty which has been assizned to us, shall simply say to the people,
that, because Southern Nebraska will make the next Legislature demo-
cratic, we will refuse this rich and precious boon. I ask gentlemen — now
when this subject is again under consideration — to give us some material
argument, which shall rise above, at least, the petty broils of party (if
they have any) why this proposition should not succeed. We have been
[*277] told here *upon this floor, by a gentleman whose eloquence I
admire and whose honesty I respect (Mr. Thacher) that he had no other
argument to use — that he desired no other reason — than that it would
make Kansas democratic. Now, in the first place, I deny that there are
any data which justifies that assumption. And in" relation to the debate
which has heretofore occurred upon this question, I will say that I take
exception to the line of argument which the gentleman from Southern
Nebraska has userl. Speaking by the ronrte.sy of this Convention, he

Friday, July 22, 1859. 385

seemed to urge, that because this section of country was Republican,
therefore he would have the Republican members on this fioor vote for
its admission. I say it is an unfair and unmanly appeal, and one which
should not be listened to with deference by this Convention. I would not
dare to stand up and say to my friends on this floor: "I ask you to vote
for this measure because it is a partisan measure." I consider it unworthy
the position I occupy, and insulting to the dignity of this Convention.
Now the simple proposition is, shall we extend our northern boundary?
The only consideration which should weigh for a moment is this: Will it
benefit materially the interests of the State of Kansas? If it will, I tell
you you have no other alternative than to vote for it. When you stand
up here and admit, that it would enhance the greatness of our future
State, and fall back simply upon the proposition, that it will not subserve
the interests of the Republican party, you are placing yourselves in an
unenviable position. When you introduce other arguments, intended to
convince us that it is impolitic upon other grounds, I will listen to them
calmly; and I ask gentlemen now to give such reasons to the people, if
they have them.

Mr. Thacher. Mr. President, I am not feeling very well this morn-
ing, and yet 1 cannot suffer this question to pass without correcting a very
serious mistake which my worthy friend (Mr. Stinson) has fallen into
with respect to my argument against this annexation scheme being based
solely upon its political character. He errs very greatly — very widely and
very seriously — when he thinks that is the only reason why I object to
this acquisition. It is a reason, but not the only reason, and I stated in
what I had to say, that I should only urge that consideration, leaving
members from different sections of the Territory to urge those local
reasons which would imperiously compel us to let this question go by at
present. When my friend says we have urged no argument against it,
I turn the tables upon him, and ask. What reasonable suggestion have you
urged for it? You talk about the glory of extent of domain, and all that
kind of thing; but remember, the present boundaries of Kansas make it
larger than the State of Illinois. Our area is sufficient for all the wants
of the people, and the moment you extend our boundaries over an un-
settled country, you only add to the burdens of government. You would
add nearly one-half, by adding Southern Nebraska, to the expenses of the
State government. It was the testimony of the gentleman from Southern
Nebraska (Mr. Reeves) that, back from the river counties, they had
no population whatever — that their population was to be found only in the
river counties — and thus the effect of adding this portion of Nebraska
would be to swell the power of your river counties. It must be under-
stood, that when we memorialize Congress to admit us with Southern
Nebraska included, it is the same proposition as though you defined the
boundaries there in the first place. When we vote for this resolution we
vote to make our northern boundary the Platte river. I turn now to
urge some considerations which have grown out of circumstances not at all
poUtical. In Kansas we demand for our welfare a system of railroads.
You annex Southern Nebraska to Kansas, and you have one railroad grant
[*278] up the Kaw Valley and one in Southern Nebras*ka. If you
annex Southern Nebraska you jeopardize the entire railroad interest of
Kansas. With our northern boundary as it is, we shall have a magnificent
railroad grant for some road in the north part of the State, but if you
extend the boundary north you place an insuperable barrier to a railroad
grant between the Kaw river and the Platte Valley. Are gentlemen will-

25 — 778

386 Convention Proceedings and Debates.

ing to put such a barrier upon their dearest interests? Perhaps they are
— and perhaps they are not. But there is another ihm% connected with
this. It has ah'eady been shadowed forth, that the southern boundary of
Kansas ought to be the Kaw river — that it is an unnatural thing for us
to cross the river. And I believe, if the Democratic party had acted
honestly, that would have been foisted into the proposition; because the
Territory was laid out for the purpose of making it a Slave State — and,
now defeated in this terrible attempt, they would seek to take from free-
dom half the heritage which she won here, to fasten it upon the Indian
Territory. Three-fifths of our population, nearly three-fourths, live south
of the Kansas river, and any proposition which looks to this, would
naturally excite alarm. Gentlemen need not appeal to this side of the
House to forego political considerations. Shall we bow down our necks
once more to the heel of oppression? Don't ask us to forget the past, if
we can! If you adopt this memorial, you define our boundaries the same
as though you had put it in the Article. The proposition is identical
with the Constitution; and I tell you, the moment you adopt the Me-
morial, you won't get five hundred voters for it south of the Kansas
river, and a majority will go against it north. Do gentlemen wish such
a result? and is it true, that the party in the minority here are trying to
throw around the Constitution such features that the people are to reject
it? Is there any force in the Democratic papers saying that the Conven-
tion ought not to have assembled here — that it would tax us too much?
If these remarks of gentlemen shadow forth anything, they indicate, that
it is the design of the Democratic party to cause the Constitution to be
rejected by the people. It is utterly impossible, and no consideration could
or ought to be urged successfully for this Constitution to be ratified by
the people, when you include Southern Nebraska in any shape. There is
no need of haste in this matter. If your argument is worth a straw, that
Southern Nebraska naturally gravitates towards Kansas, it will come in
here when it is right and proper that it should come, and not before; and
your haste only evidences a desire to retard this Constitution before the
people. If it is your desire to see this Constitution voted down, then
adopt tliis Memorial; for it is only to say here, that your northern boun-
dary shall be the Platte river; and you will be voted down by an over-
whelming majority. I have yet to hear a single well-grounded argument
from that side of the House in favor of the annexation scheme. You
annex a broad region of country almost untouched by man, and you give
us three river counties which embrace its entire population. This is a
broad territory over which we have got to legislate, and for which adminis-
tration the people included within our present iDoundaries will have to
pay. For these reasons, aside from the political considerations involved —
and I believe it is only political considerations which impel gentlemen to
advocate this measure — do I oppose annexation. Gentlemen may think
they arc honest, but human nature is weak and apt to be blinded; and
such is human nature, that these gentlemen are impelled by the political
considerations involved in this question. If you are impelled by pohtical
considerations why do you hurl it back, that Republicans are on the same
ground, and only you have the argument? You can adduce no reason
why we should annex Southern Nebraska.

Mr. Houston. Mr. President, quite unexpected is this discussion to
[*279] me. I don't know but I ought to claim indulgence for *again
speaking, but I should be recreant to duty if I remained silent — I should
be recreant to the interests of Kansas, if I remained still and let such a

Friday, July 22, 1859. 387

golden opportunity slip by. If we let it slip and do not adopt this reso-
lution, which don't amount to anything more than simply a memorial, it
will be the first instance on record, in any State in this Union, or in the
world, that I know anything about, where the people have been foo'ish
enough to allow an opportunity to enlarge their boundaries to slip by.
The idea of annexation has been popular from the days of the Jews down.
Go back in history, and you will find the idea of annexation has always
been popular. Even Texas, with all its objections — and I had objections
to annexing Texas, because I felt it was intruding upon Mexico — but the
annexation of Texas was one of the most popular measures of the day,
after it was once fairly into the Union. Now I ask Republicans here if
we are willing, for mere party considerations— if we are willing to give up
this territory? For, as a Republican Convention we have got to bear the
burden of accepting or rejecting this measure. Are you going to hand
over to our friends on the other side of the House the only strong argu-
ments that will bear upon the people? They are shrewd. They know the
idea of annexation is popular, that it will carry before the people — and it
will carry down the party that opposes it, too. They are right. I am not
a prophet, nor the son of a prophet, but I will stake my reputation for
judgment upon this measure, that the party that refuses this will be
trailed in the dust before ten years. We are told it will make this a
Democratic State. They know all they have to do is for them to crowd
it, and we will reject it. If I was a Democrat I would do this thing.
What is the value of this Democratic idea — what if it is a Democratic
region? I think gentlemen press this argument without consideration.
Mr. Taylor assured us that it was a Republican portion of country; he
assured us that the majority in 1S5S was RepubHcan. The lines truly
have never been strictlj'^ drawn; the whirlpool of local considerations has
swallowed up politics. There is but little rhfi'erence, and that is on the
Republican side. I don't care if it is Democratic; it is no good reason why
we should reject it. Are we driven to assert that we must reiect a val-
uable territory beca\ise there are a few Democratic voters in it? If so, it
is a lamentable condition for our party, and I think we might as well give
up at first as at last.

We are told it would give strength to the border; the river counties.
Gentlemen, I live back in Riley, and I would be as jealous of the interests
of the interior counties as any gentleman. But we want to give you all
the strength and power we can, and you wiH give us all the protection we
desire. Let us do something to give strength to our party. We have cut
off one half of this Territory and we shall have to answer for that. The
State of CaUfornia has one hundred and eighty-eight thousand nine hun-
dred and eighty-eight square mi'es; Oregon has one hundred and seventy
thousand. More than that, Texas has three hundred and twenty-five
thousand, and as has been to'd you, you can't divide that State now. Min-
nesota has one hundred and forty-one thousand square miles; and I have
taken the pains to ascertain that if we run our boundary to the Rocky
Mountains, which we ought to do. and run to the Platte, we would have
less territory than the State of Minnesota. If you are going to throw
away one-half west, why, do it. But when we ask for some north, gentle-
men say it will be too large. I want to ask gentlemen if there is any
reason why Kansas should not be the agricultural centre of the Union —
with her glorious soil and grand natural advantages? Is there any good
[••■280] reason ^why we should not have a State as large as Minnesota?
Are you alarmed because we want to add a little up north, of a rich agri-

388 Convention Proceedings and Debates.

cultural region ? There is as valuable land on Blue River as there is in that
Territory — that beautiful, high, rolling prairie that belongs to the Blue
River and the head waters of the Nemeha. Are you afraid of having a
rich agricultural district up there, gentlemen? There is more valuable
land in that region than you have got in all Kansas. You will have to add
that in order to get land enough that is valuable. It is only along your
streams that you can pick up good sections. If we want to get a land
grant of five or six millions of acres, let us have some place where we can
get good land from. We can take these valuable lands and sell them. I
am not afraid of half a dozen counties in the northeast corner of the
Territory. Do gentlemen suppose they can outweigh the whole State?
Certainly not. This argument of land grants is certainly one of the most
powerful that could be presented. We are told by the gentleman from
Douglas (Mr. Thacher) that we will have a railroad through Kansas and
another through the Platte, and that will end it. If Congress gives us
the land, I want to know if we can't arrange this matter? If those coun-
ties are not inhabited, is there any danger that Kansas will sacrifice all
that interest upon the Platte? I suppose some say they will have a rail-
road on the Platte. If I was in Nebraska I would be the last man to sur-
render up the Platte, and I never would come into your State on that very
account. It will not affect the railroad interest of Kansas one particle.

I will hurry through as fast as I can. We are told it will defeat the Con-
stitution. I was almost going to say, if [we] were so silly as to defeat the
Constitution of the State, simply because we anne.x valuable agricultural in-
terests— if this will defeat it I think it ought to be defeated — ought to be
voted down. But I am the last man to believe any such a thing. There
may be a few men in the State who wish to make our seat of government
south of Kansas river. I don't say there is any such project, but there
might be some one who would oppose the Constitution on account of the
seat of government. I tell you a majority of the people of the State of
Kansas will think a great deal more of this Convention if it will me-
morialize Congress to enlarge our area. I think, also, that we will need it in
order to get population enough. One of the most formidable arguments
that will be brought against us before Congress is, that we have not the
required population. But we are told that this region is of no value. I
tell you the day is coming when you are going to put the government in
operation, and when you will find that you have a debt of at least two or
three himdred thousand dollars to pay within the succeeding twelve
months; and I ask if the people of Kansas will not then c}uestion the wis-
dom of the rejection of what would give to us a large amount of taxable
property? I am mistaken if you don't see the day when our people will
say, "you have missed it! — you ought to have taken that region in order
that our burden of taxation might have been lightened."

I believe, sir, there is another consideration. I don't think it is at all cer-
tain which way the Pacific Railroad is going; whether up Smoky Hill Valley
in Kansas, or up the Republican Valley. It can go up to Fort Riley and
then turn up the Republican Valley. I have been eighty miles beyond
Fort Riley and there you cannot get twenty thousand acres of aood land
lyins together. You will need this Republican Valley in order to get this
Pacific Railroad out into the mountains, and you will need Southern
Nebraska in order to get the right of way. Now I think it will be easy
for us to get this lower line of railroads to center lipon this line, so that
[*281] we can have the great thoroughfare of the nations running *right
through Kansas. Is this no consideration? I do not know what river is
the natural northern boundary of the State, and we shall miss it if we

Friday, July 22, 1859. 389

don't take it in. This memorial can go on the table or under the table, or
be indefinitely postponed in Congress. It cannot affect our admission. I
think we ought to adopt the resolution.

Mr. President Winchell (Mr. Townsend in the Chair). I had
hoped, sir, that this question had been forever set to rest, as far the Con-
vention that framed the Constitution of Kansas was concerned. We have
had introduced here a question which is foreign; which never entered into
the canvas; and that question has been fully and thoroughly discussed by
zealoiis and able debatants. The sense of the Convention has been ex-
pressed unfavorably to the scheme, and still gentlemen insist upon bringing
it up, to postpone the time when we shall conclude our labors. I did not
intend to occupy any time upon the question, but inasmuch as the sub-
ject is pertinaciously urged, I believe it is due the constituents I represent to
give a few arguments (if so considered by the opposite side) _ against the
plan. This resolution strikes at the principle of popular sovereignty, which
the gentleman who introduced it professes to advocate. In this over-
whelming expression of popular sentiment not one single member south of
the Kaw river sympathises; not one in favor of this scheme, and avowedly
their constituents are opposed to it, without distinction of party; and if
the people north of the Kansas river are opposed to the plan, the gentle-
man brings in this resolution against the known views of the people of
Kansas. No opportunity is given for any expression by the people, but it
is proposed to be left entirely to the control of Congress to take such
action as they see fit in the premises. For this reason alone I should oppose
the resolution. Had the gentleman offered it in such a way that the people
of Kansas should decide upon the question, there would have been more
plausibility in the resolution. But the position in which it stands now be-
fore the Convention betrays simply an effort to override the known will
and wishes of the people of Kansas, and possibly the people of Nebraska
also. Can it be doubted that, if this resolution should pass — that if this
Convention framing this Constitution should take such a position with
regard to Southern Nebraska, the people of the Territory, seeing their
known wishes set at defiance, would be compelled to vote against the Con-
stitution itself? We should materially endanger the success of the instru-
ment by taking any such action. There has been a great deal said with re-
gard to natural boundaries. It is a well known fact that where States are
made too large there is a continual tendency to their division. If the Platte
is the natural boundary upon the north side, it is equally true that the
Kansas river would be on the south ; and I ask, with the same plausibihty
that has been manifested on this question, if politicians in future would not
bring up [in] connection with this scheme the question as to whether the
other natural boundary of the State should not be observed, and all south
of it erected into an independent State? If the Platte river is the natural
boundary on the north, the Kansas river is no less so on the south. It
would open the door for future difficulties, dissensions and discussions, and
there is no knowing what mischievious results would flow from this meas-
ure. My friend from Riley (Mr. Houston) is looking forward ten years
for the evil consequences, and if they may possibly result from non-action,
certainly they might in the other alternative. I am not one who believes a
State is prosperous precisely in proportion to its size. I recognize it as no
argument in favor of increasing area, merely to increase area. If we were
to expect donations of lands on account of our area, in order to diminish
the State debt, or for public purposes, then the argument would have some
point; then we might claim this so-called this golden opportunity for the
annexation of a country' which would result in benefit to us. I cannot see

390 Convention Proceedings and Debates.

[*282] how *the mere extension of our boundary lines is either to diminish
the expense of government or increase the prosperity of the State. The
gentleman from Riley has intimated that there may be selfish considera-
tions with the opposition. That gentleman is the last person who should
broach that. As far as I have listened to this debate upon this floor those
who have opposed annexation have been careful not to say what some have
thou'ht, that the strange advocacy of this measure on the part of certain
members of the Convention is on account of certain local considerations.
As the gentleman has made the insinuation that the opposition of southern
members may be for the purpose of securing a State capital at some point
south of the Kaw, I submit on the other hand whether a strong induce-
ment to the advocacy of this scheme on the part of the northern members
may not be caused by a desire to secure the capital at some point north
of the Kansas valley ? Those who hstened to a foreshadowing in the gentle-
man's remarks with regard to a union of railroads coming up from the
south and striking the Kaw valley at some point above, and other railroads
coming from the north and striking the same point, and a railroad passing
through that point — cannot fail to see that there maj?^ be some grounds for
the supposition, that this plan contemplates a union of railroads at some
point in the Kaw valley. I do not say that is so; the gentleman did not
say positively that any arguments influenced those who lived south of the
Kaw; but if he supposes that the seat of government may influence the
action of southern Kansas, we are at liberty to suppose that the hke
selfish considerations -might prevail in biasing his action upon this subject.
I do not propose, I\^r. President, to enter into a political argument upon
this question. I believe and I think the votes upon this floor show there is
a political design upon the part of the opposition in this movement. Still
I do not propose to argue the political question; not that I do not think we
have a right to take it into consideration. I believe in the dominant right
of party in a State — that it has a right to claim, that no action shall be
taken, against the will of the people, that will tend to reverse the political
opinions of the State. If there were a majority of Democratic members in
this Convention — if the people of the Territory believed in the Democratic
party and Democratic principles — so called at the present day — I believe
the renresentatives of the people would have no ri'zht to make it a Repub-
lican State. I believe representatives are bound to carry out the will of
their constituents in every particular. I propose not to discuss the political
question, though I must say the arguments of the gentleman from Southern
Nebraska in favor of its being Republican, struck me as the very arguments
I should rely upon to prove the contrary. What were they? Simply that
Democrats had been elected in Southern Nebraska in opposition to other
Democrats — Democrats had always been ejected there in opposition to other
Democrats. If it proves anything at all it proves that the Republican
party is so weak they never dare run a ticket at all; it can lead to no other
conclusion. Mr. President, unless this resolution is so modified that the
people of both Territories shall have an opportunity of expressing their
opinion at the ballot-box upon this question, previous to any action by
Congress, I can support it. But now I shall vote against it.

Mr. McDowell. Mr. President, when I introduced that resolution it
was not my intention to make any extended remarks. I offered my
reasons for its introduction at the time I presented it, but I cannot allow
this occasion to pass without making some little reply to somewhat that
has been said upon this floor as an objection to this proposition. But what
does the resolution embrace? Simply to memorialize Congress to include

Friday, July 22, 1859. 391

as a part of the boundary of the new State of Kansas the country lying
[*283] south of the Platte riv*er. This question, as the gentleman from
Osage (Mr. Winchell) stated, has not been, I think, defeated by a vote
of this Convention. The vote of the Convention simply defeated the propo-
sition to make this an integral part of the Constitution of the State of
Kansas. Now whilst there may be gentlemen here who are opposed to
making that an integral part of the Constitution, they may be in favor of
memorializing Congress upon the subject. The two propositions are dis-
tinct; they are not the same. In the remarks I made on Saturday last, in
favor of the acquisition of this northern territory, I disdained — and I
think my remarks will show I was consistent with myself — being actuated
by partisan influences or political considerations; I advocated it for what I
considered to be the good — the obvious, manifest good — of the future
State of Kansas; and I adjured gentlemen in the Hall, as they were legis-
lating, not for a political party, but for the people of this new State — as
they were legislating not only for themselves and the people who are here
to-day, but people who are to come after us — to ignore, in their investiga^
tion of this question, all mere poetical considerations. We were met im-
mediately by the gentleman from Douglas (Mr. Thacher) who fancied he
discovered a wooden horse, and he gave us a translation of that very cele-
brated sentence, because every speech I have ever read contains it—
Tbneo Danaos et dona ferentes. He assured this Convention that he did
not look at any other fact in the investigation of this question than that, if
this acquisition of territory were successful it would give some predom-
inance to the Democratic party; and then, as he has done on several other
occasions, he went into a tirade against the Democratic party. That gen-
tleman will do me the justice to say, that in no argument upon this floor
have I attacked the Republican party as a party. And the Convention vnW
bear me out in asserting, that no proposition has emanated from this side
of the House, from the Wyandot question, where we asked that a large
portion of the people of Kansas might be represented upon this floor, down
to this hour, but the charge has been brought up by the other side, that
the Democratic party had advocated the Lecompton Constitution! had
endeavored to fasten slavery upon this Territory! and were now very con-
sistent with themselves! We have here beheld gentlemen reiterating stab
upon stab upon that party, and no gentleman has answered them. As we
have made no charges upon them, I now propose to reply. The gentleman
from Douglas says he opposes this measure because it might give to the
Democratic party the ascendency, and goes on appealing to his imagina-
tion for his facts used in heaping abuses upon the Democratic party, and
using some such expression as this: It was a sufficient objection to h'm —
a sufficient consideration to influence his mind against this proposed annex-
ation, that it came from the Democratic side of the House, and therefore
contemplated a Democratic majority in the Territory. The gentleman is
certainly very faithful to that party! I can say to him that, whether he
annexes that territory or not, mene, mene, tekel, upharsm has been written
all over the horizon of his party prospects; and as the old Democratic
party, which he has traduced, is founded in truth, in principle, and on the
Constitution, upon which it was born and which it protects — as certain as
truth prevails among men — that Democracy will be in the ascendency in
this Territory. This morning, the gentleman added another reason why he
opposed the acquisition of this territory. It was this: That it increased the
State expenses. Is that so? Does it multiply the State offices at all? Not
one particle does it increase the State expenses. I ask the gentleman to
[*284] name the items. On the contrary, instead of in*creasing the

392 Convention Proceedings and Debates.

State expenses, it furnishes us with a country rich in agricultural wealth
to enable us to defray the State expenses of Kansas; so that there is no
weight in that suggestion. Another consideration is this: That the people
have not been called upon to pass upon this question; that it was not in-
volved in the canvass, and therefore we are legislating upon a question
about which we have no indication, of the popular will. 1 take it that in the
last Republican Legislature of this Territory, the Republican party did
take action upon that question. They invited the people of Southern
Nebraska to submit that question of annexation, and represent themselves
upon it here in this hall. The question certainly was discussed north of the
Kaw River, and there is not a northern delegate here who does not feel
that he would be doing injustice to his constituents were he not to favor
it, because his constituents have favored it. I believe that the people of
this Territory are in favor of this acquisition. I believe that you cannot
find a people so insensible to their own interests as to reject a strip of
territory so rich, and that will be of so much benefit to the State of Kan-
sas; and I am satisfied that no such considerations as those suggested here,
of a partisan character, would influence them to reject it. Selfishness is
said to be one of the natural traits of the human character, and if for no
other reason than a selfish one, the people of Kansas would advocate the
acquisition of this territory. In addition to the fact that it gives us a
natural northern boundary, with the western line as now established, it
makes our State a square, presenting the richest agricultural State in the
Union; and her resources yet undeveloped are sufficient to justify one in
savins it would be the richest. Population, sir, is coming in rapidly; and
we will soon not only be the richest but the most populous State. From
Wisconsin, Northern Iowa, Missouri. Michigan, from New England, from
the M'ddle States, and from other Western States, there is a continuous
tide of emigration pouring in upon us. They are induced to come here by
the argument that we have presented, of great agricultural and commercial
wealth, and good cheap farms — to improve these farms and supply the de-
mand of that emigration, first, and then supply the produce market of
the world. I stated on Saturday, and repeat it, that these little political
considerations should not affect our action upon this question. We
are legislating for the people of the whoV Stnte, and for people that are
to come here, and it is for us to pass upon this question, looking at it as
statesmen, and considering whether we will be doing justice to ourselves
and to this future State to refuse a gift so rich and so generously tendered
to us. It seems to me that if no higher considerations control the action
of our friends on the other side, the popular voice will not approve their
course. I must say for myself, and I think I can state for every gentleman
who votes with me, that although we believe that territory now contains a
large majority of Republican votes, and that the immediate effect of the
acquisition of that territory would be prejudicial to the Democratic party,
yet inasmuch as the acquisit'on of that territory will be of such incalcu-
lable benefit to the people of the State, we vote for it for that reason and
for none other. Gentlemen have stated here, by sly inuendo, that other
considerations have influenced gentlemen upon this floor in the advocacy of
this measure. The capital question has been suggested for one. I am will-
ing to admit that this capital question is a subordinate one, but the great
question is the acquisition of this territory, and if I cpuld get votes enough
to annex this territory, from the Republican side of the House, I wouM be
willing to vote for them in relation to the capital. If there is anything
wrong in that, you are welcome to make the most of it. I have said this

Friday, July 22, 1859. 393

much because I felt called upon to answer the repeated charges that gen-
tlemen have made against us as representatives of the Democratic party.
[*285] *Mr. J. Blood. Mr. President, I don't intend to make an argu-
ment or a speech upon the question, but simply give one or two reasons
that will influence me in casting my vote against this resolution. I believe
it would be injurious to the material interests of the people of Kansas, and
not beneficial. Another reason is, I believe the people of Kansas are op-
posed to this measure, with the exception of Democratic politicians and my
friend from Riley (Mr. Houston). These reasons are sufficient to influence
me in casting my vote against the proposition.

Mr. Greer. Mr. President, I desire to give notice that I shall ofl"er my
reasons to go upon the journal for the vote I shall give upon this subject.

Mr. Ritchie. Mr. President, I had hoped this question was settled.
I think still just as I thought the other day u]-)on this question. Members
on both sides are denying that local and political considerations are the
inducement, while I am clearly of opinion that local and political con-
siderations are the moving cause of this discussion. Were I a Democrat,
or on the other side of the House, I should advocate, with all the ability
and power I possessed, the propriety of bringing this question before the
people, and I would do it for political considerations. The policy is to
divide and distract the Republican party, and if the minority can get the
majority divided, then certain defeat follows. I want to be understood in
making this opposition that local considerations move upon me, and I am
not here to surrender my feelings, to try to prove myself patriotic, when I
acknowledge that truth. I believe some who are in this house to be will-
ing to stultify themselves where party considerations are concerned, as
will be demonstrated before this Convention adjourns. Mr. President, my
vote will be recorded against this annexation, upon the principle of local
and political considerations, and whether it goes upon that journal or not,
it has gone down here into my heart, and has been my honest conviction
for at least one year.

In taking up the Lawrence Republicon, a good Republican document,
I find the following, which, if I am permitted, I will read:

"We cannot conceive how any Republican can lend himself to this
scheme. These miserable maneuvers for the location of the capital, which
have been a most fruitful source of corruption and trickery/ ever since the
Territory was settled, deserve the execration of every honest man. It is
time they were exposed and held up to the scorn of an intelligent people.
Men who will jeopardize the cause of freedom to paltry speculations in
comer lots, and then come before the people and ask the first offices in the
State, should be marked, and they will be. The people of Southern Kan-
sas will never consent to a scheme so utterly fatal to their own interests
and so fraught with danger to the great cause for which they have suffered
so much and struggled so bravely and so well."

Now, Mr. President, I presume this does not refer to any individual
member of this Convention, but this question of "corner lots" and politi-
cal bribery is whispered all over this Convention, and I think the sooner
it heads the better.

Mr. Houston. Mr. President, I would like to make a single remark.

The President. If no other member desires to speak upon this ques-
tion, the gentleman from Riley (Mr. Houston) will be permitted to speak
a second time.

Mr. Houston. I sincerely regret the shape this measure has assmned.

394 Convention Proceedings and Debates.

I regret it most sincerely, and I don't know but it may be vain in me to
claim a superiority of foresight, but it is an unfortunate infirmity in me,
and I hope you will bear with me. I believe we can do ourselves no
greater injury, as a party, than to take a position opposed to this annexa-
tion. I say I think I can easily foresee how, that no possible position can
be taken by the Republican party more dangerous to its final success than
this position. I am too much of a frontier man to be turned from my
purposes by any threats of a withholding power. Gentlemen who know
me, know I am the last man to turn aside from danger, imder circum-
[*286] ^stances like this. No offers of "corner lots" shall influence my
vote in matters of such moment to the party and general well being of the
State of Kansas. I occupy a position above all party considerations, and
while 1 am willing to do everything I can for my party, I am unwi'.hng to
see its banner trailed in the dust by any measure, without giving my
opposition to that measure. I ask no favors from the hands of the
people; these hands, here, have provided for my wants, and they can do it
again. And when the time comes that I shall be sunk so low that I cannot
rise superior to party considerations, then I ought to be sunk behind even
a party vote. I do not know how valuable a consideration has been pre-
sented to the editor of the Lawrence Republican. He is a man who seems
to go for the southern portion, instead of the State of Kansas. In refer-
ence to the remark that none except the Democratic party and the gentle-
man from Riley are in favor of this measure — I tell j^ou, sir, their name
will be "legion" before you get through with it. There will be more than
one-half in the south in favor of this measure. They tell us the danger is,
that Congress will run a line with the Kansas river, and cutting off that
portion southward, make a slave State of it. Even if our State boundary
should extend northward so as to take in this portion of Nebraska, I ask,
is there a man in this house that believes Congress dare divide this beau-
tiful Territory by the Kaw valley line? It is astonishing that this argu-
ment will be pressed, that Congress, against the wishes of ninety-nine hun-
dredths of the people, would divide us by the Kaw river line, and ruin the
State of Kansas. The Democratic party is too smart to do such a thing,
and the Republican party would be the last to think of it. The idea is
perfectly nonsensical. It is brought up in the absence of real argument,
and they hold this out to alarm and arouse the fears of individuals. Now,
gentlemen, if I know anything about this matter, this Constitution goes to
a vote of the people in October, and this memorial will not reach Congress
until sometime next winter or summer, and we shall have a Territorial
Legislature prior to that time. In December we have a State election.
Have we provided for the people of Nebraska to have a representation?
Not at all. That people can have no voice in the election of United States
Senators, nor in anything for a year from next winter, even if admitted.
Why, gentlemen, if I had no better ground to stand upon, I would say,
like a man, that I had no argument. I would acknowledge that such was
my po.sition. I certainly would. Because certainly the Democratic party
can't get any advantage from that quarter. Not a vote will be polled for
a year from next winter by these people; and by that time we will have
two United States Senators from the free State of Kansas.

Mr. Ritchie. Mr. President, I see that —

The President. The Chair would state that he is very much in doubt
whether, under the rules of the Convention, it is in order for any gentle-
man to speak after he has been permitted to give his view a second time.

Friday, July 22, 1859. 395

But, unless objection is made, he will permit gentlemen to speak as they
rise.

Mr. Ritchie. I do not wish to occupy the time of the Convention,
but it seems to me from reading the papers that are circulated before
every member of this body, that some notice ought to be taken of this
matter; and not having my mind upon the article 1 wished to read in the
Lawrence RepubUccm when last up, I wish to read still further; and may,
before the Convention closes, ask that a committee of investigation may
be had. He says:

"Upon the 'capital' question, a quiet arrangement is going on, which
to many appears very discreditable to the contracting parties. In due
time, the whole thing will come to the light. It may be sufficient now to
[*287] say that Lawrence rejected peremptorily the arrange^ment re-
ferred to. The Douglas delegation prefer principle, rather than temporary
advantage."

Mr. Kingman. Mr. President, I like to create a Uttle sensation, and I
know my rising gave general and universal pain to every member in the
House; and so I will say I only rose to give notice that I will give my
reasons for the vote I shall give, to be spread upon the journal.

Mr. Barton. I give notice that I intend to do the same.

Mr. Parks. I give notice that at the proper time I shall introduce a
resolution and preamble something like this: Whereas, a member of this
Convention from Douglas county has offered another member of this Con-
vention one lot in the city of Lawrence, if he would vote for the capital
to be established at that place; therefore.

Resolved, That a committee be appointed to investigate the matter.

Mr. Griffith. Mv. President, I shall not detain the Convention with
any lengthy remarks; but as the Republican party has been charged with
viewing this question iri a political light, I wish to say that I have not
advanced an argument upon this floor based upon political considerations.
I claim to be nothing more than a plain, practical farmer, and I base my
opposition to the proposed annexation upon the simple fact that it is
probable, if we change our boundaries so as to take in Southern Nebraska.
it will give the Administration an excuse to postpone our admission into
the Union, and we, as a people, cannot afford to stay out of the Union — to
risk our chances for admission — for the sake of this annexation.

Mr. BuRRis. Mr. President, I merely rise to give notice that I wish
to have my reasons for casting the vote I shall cast entered upon the
journal.

The yeas and nays were demanded upon the adoption of the resolution,
and they were ordered, and being taken resulted — yeas 19, nays 29 — as
follows :

Yeas — Messrs. Brown, Foster, Forman, Hippie, Hubbard, Houston.
Middleton, Moore, McDowell, McCune, Palmer, Parks, Porter, Slough,
Stinson, Stiarwalt, J. Wri-ht, Wrigley, T. S. Wright— 19.

Nays— Messrs. Arthur, Burnett, Blunt, Barton, Burris, J. Blood, N. C.
Blood, Crocker, Dutton, Graham, Greer, Griffith, Hutchinson, Hanway,
Hoffman, Ingalls, Kingman, Lillie, Lamb, McCullough, Preston, Ritchie.
Ross, Signor, Stokes, Simpson, Thachcr, Townsend, Williams — 29.

So the resolution was rejected.

396 Convention Proceedings and Debates.

We vote against the resolution, on the ground that the question of an-
nexation of Southern Nebraska has not been submitted to the people and
approved by them. John P. Greer,

John T. Barton.

I vote nay on the resolution offered by McDowell, for the following
reasons, to-wit:

1st. Because I believe that a proposition to annex Southern Nebraska
might defeat our effort to gain admission under this Constitution, or would
at least delay the same.

2d. Our application for the annexation of territory on the north, would
afford Congress a pretext for dismembering our Territory on the south.

3d. I believe that a large majority of the people of Kansas are op-
posed to such annexation.

4th. I have no doubt that an overwhelming majority of the people of
the county which I, in part, represent, are opposed to such annexation.

BURRIS.
SCULLDUGGERY.

Mr. Parks. Mr. President, I offer my resolution now:
Whereas, a member of this Convention from Douglas county, has
offered another member of this body a lot in the city of Lawrence if he
would vote for the Capital to be established at that place; therefore —

P288] Resolved, That a committee of five be ap*pointed to investigate
said charge, with power to send for persons and papers.

Mr. Kingman. I can vote for such a resolution, but cannot vote for
fhe facts stated without any information whatever.

Mr. Parks. I don't aim to state it as a fact. I will make it read:
"Whereas, it is charged."

The yeas and nays were demanded, and being ordered and taken re-
sulted— yeas 49, nays 0 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Brown, Barton, Burris, J. B'ood,
N. C. Blood, Crocker, Dutton, Foster, Forman, Graham, Greer, Griffith,
Hippie,. Hubbard, Hutchinson, Hanway, Hoffman, Houston, Ingalls, King-
man, Lillie, Lamb, Middleton, Moore, McDowell, McCune, McCullough,
Preston, Palmer, Parks, Porter, Ritchie, Ross, Signor, Slough, Stirson,
Stiarwalt, Stokes, Simpson, Thacher, Townsend, J. Wright, Wrigley, T. S.
Wright, Williams, Mr. President — 49.

Nays— 0.

So the resolution was adopted.

Mr. Stinson. Mr. President, I move to take up the report of the com-
mittee on Schedule.

The President. It is not in order.

LOCATION OF THE STATE CAPITAL.

Mr. Greer. Mr. President, I offer the following:

Resolved, That the Convention proceed immediately to locate the State
Capital, temporarily, by a viva voce vote, provided that a majority of
all the votes cast shall be necessary to locate the same.

Mr. Thacher. Mr. President, I offer the following substitute for the
resolution :

"At the election held to adopt this Constitution, the qualified electors
shall vote for some place to be the temporary Capital of the State; and

Friday, July 22, 1859. 397

the place having the highest number of votes shall be the temporary Capi-
tal, and the Legislature shall have power to provide for a permanent
Capital by a popular vote."

Mr. President, I wish to make a few remarks with respect to that
substitute. In all communities and in all States the question of a location
of a Capital is one which interests every member of the State. It is one
in which they have a direct interest, and upon which each member may be
supposed to have a right to express his views and sentiments. There is
but one fair and legitimate way to settle that question, and that is to leave
it to a popular vote, and as the people decide let the question be. If the
people decide in favor of any locality let that locality have it. There
can be no wrong in this, and the resolution which I offer looks directly
to the popular vote to determine the question, and settle it without any
bickerings whatever. I believe no gentleman can honestly oppose that
resolution. It submits at once to the people, the question as to where
they will do their Capital business. No one can really find any fault with
it whatever. It removes the question from the complications of a legis-
lative body, and leaves it to that power which sent us here, and which
controls all things political. There may be some objections raised to it.
One may say, it may give it to Leavenworth, another to Lawrence, and
another to another place. As far as that is concerned, I am willing to let
the people settle that question. If Leavenworth gets it, so be it. If
Lawrence, so be it; Tecumseh, so be it; Topeka, so be it. I cannot see
how any gentleman can object to letting the people act upon a question
in which they are so directly interested. What consideration can compel
any gentleman to oppose that proposition? The people pass upon it;
and I apprehend no gentleman will dare take the position that the people
are not competent. As far as I am concerned, I think our own good
demands the allowing of this question to go before the people. Can any-
thing be fairer or more honest than that? Can any one, uninfluenced by
personal considerations, find an objection to that? I believe this one of
the questions that ought to be settled by a popular vote of the State —
that it is one of the questions on which the people should be allowed to act
directly: and I apprehend any one who says he will not let the people act
upon this question places himself in an unpleasant position. Let the people
settle this question. I say let the people decide, and as they decide let the
question be settled.

Mr. Ritchie. Mr. President, I offer the following substitute for the
substitute:

The President. The Chair will state here that he has been in the
habit of permitting variations from the regular parliamentary rule with
regard to substitutes, and he has often stated that the course was open
to objection, that any member was at hberty to object. But for the
purpose of avoiding any question as to the strict matter of order, he will,
in every case hereafter, rule a substitute to be an amendment.

The amendment to the amendment was then read, as follows:

"Provided a majority of all the votes cast shall be necessary to a choice."

Mr. Ritchie. In answer to the remarks of the gentleman from Doug-
las (Mr. Thacher) about a man acting honorably, I tell him that they do
not apply. I wish consistency, and therefore will read from his paper,
which I very much esteem as a Republican document; presuming all the
reason he has for changing the position is, that he has allowed somebody
else to pen the article in the Republican, which I shall read:

398 Convention Proceedings and Debates.

"Here is my idea: In the first place select that point at the present
time the most central and easiest of access for a majority of the people,
and it is fair to presume that the place now the most central will con-
tinue to be for at least ten years."

Now, gentlemen, I desire not to defeat the wishes of the whole people
upon any question of local interest, and therefore I offer the amendment.

Mr. Thacher. Allow me to say this: that when any man attempts to
make editors of papers endorse everything their correspondents present,
they resort to an unfair thing, as many editors upon this floor know.
Editors admit many articles they do not endorse.

Mr. Blunt. Mr. President, I regret very much to see so much feeling
manifested upon this question of the temporary seat of government. It
is a matter in which I, myself, have no personal feeling. I have been
importuned by no one upon this floor to cast my vote for any point;
and if it is to be said by this Convention where it is to be located, I
shall cast my vote for that point which I think will best subserve the
interests of those I represent. I think the proposition by the gentleman
from ^Douglas county (Mr. Thacher) to be a fair, liberal and an honest one;
one which, if adopted, will do away with all the ill feelings which we see
manifested upon this floor. To leave this matter to the people will obviate
[^289] the possibility of any reflection being cast upon this *Conven-
tion that there has been bargain and sale and corruption. But I cannot
support the amendment offered by the gentleman from Shawnee (Mr.
Ritchie) requiring that a majority of all the votes cast should be neces-
sary to a choice, because I be'ieve that would defeat the possibility of our
having any temporary seat of^ government, unless we were to confine the
vote to but two points. The temporary location is a matter of no very
great importance. It is necessary that it should be accessible, and also
where ample accommodations could be provided for members and I am
some in favor, in view of the existing state of feeling, which I see manifested
here, of supporting the amendment of the gentleman from Douglas. I had
drawn up a similar one. Let the proposition be laid before the people and
every man designate upon his ballot the place of his choice ; and let that be
declared in like manner as the vote for the Constitution. Then let the first
Legislature provide for submitting to a popular vote the question of the
permanent location of the capital. I can conceive of nothing that is fairer,
and that will relieve us from the difficulty we have got into. Hence I
shall vote for the amendment of the gentleman from Douglas.
[^290] *Mr. Wricley. Mr. President, it occurs to me if the amendment
of the gentleman from Shawnee (Mr. Ritchie) prevails, the effect of it would
be that we would have no capital at all. It is not probable that any one
place would get a majority of all the votes cast. We all know there arc a
great many points at which there is a desire to fix the capital of the State;
and it occurs to me that it is hardly probable any one place would get a
majority of all the votes cast. Again, about the same objection would
apply to the original amendment offered by the gentleman from Douglas
(Mr. Thacher). Therefore I would make a suggestion that this Conven-
tion ballot for the places at which they desire the location of the capital,
and that after a certain number of ballots the two or three points having
the largest vote be submitted to the people, and that a vote be taken upon

'Note. — By printer's error in "make-up" of the original debates, this; and the follow-
ing lines to the words "seat of," inclusive, appear in the remarks of President Winchell,
as the last six lines of page 288 and the first seven lines of page 289 of that rd tion. In
fact, they were uttered by Mr. Blunt, the type mafer having been transposed from the last
half of page 289. The restoration to th'; correct order makes page *288 longer and *289
shorter than they are in the corresponding pages of the original edition.

Friday, July 22, 1859. 399

those points by the people. It seems to me that would be as well calcu-
lated to settle the question as any other way; and that it would establish
the capital at some point where it would best subserve the interests of the
people of the State.

Mr. Ritchie. Mr. President, I rise to withdraw my amendment, and
offer the following, with the consent of the Convention:

"Resolved, further, That the first Legislature elected under this Con-
stitution shall provide for the permanent location of the seat of govern-
ment by a popular vote."

Mr. J. Blood. Mr. President, I was somewhat surprised at the intro-
duction of this question at this time, after the evident attempt that has
been made to create feeling upon this question, by insinuations that at-
tempts had been made to corrupt members of this body. That a proposi-
tion should be made to locate the capital by a vote of this Convention —
and even after a committee had been raised to investigate a charge of
corruption — it seems to me is ill-timed. It is my opinion any vote of that
kind by this Convention, under the circumstances, would lay this Conven-
tion open to the charge of corruption. No matter how justly the location
should be made — at Lawrence, Topeka, or any other place — the charge, no
doubt, would be made that the majority vote was obtained by unfair
means. I am, therefore, opposed to a location by the vote of this Con-
vention, and in favor of submitting it to the people, both for the perma-
nent location and for a temporary one — believing we are not in a condition
to fix it. I had prepared a resolution, which I intended to offer as a sub-
stitute, but I believe, if I understand the ruling of the Chair, it would not
be in order. I have no particular obiection to the course suggested by the
gentleman from Doniphan (Mr. Wrigley) that the vote be taken by this
Convention and the question then submitted to the people without any de-
cision on the part of this Convention, but I would prefer that the vote be
left to the people without any action of the Convention.

Mr. Greer. Mr. President, I do not think that the resolution offered
can have been fairly considered. It is not the proposition or intention to
deprive the mass of the people of the right of saying where the capital
shall be. It embraces a mere provision, that this Convention shall now
locate temporarily, the capital — leaving the question open to be submitted
■ to the people when the first Legislature, or second Legislature may say, or
at any time they may see proper to locate the capital permanently.

The only difference between the proposition I sulimitted and the prop-
osition of the gentleman from Doniphan is a mere question of time, with
this other single difference, that mine locates it temporarily. It seems to
me that the capital might be temporarily or permanently located by a
minority of the people under the provision of the gentleman from Douglas
(Mr. Thacher). It is well known that Douglas count}^ claims now to
have thirty-three hundred voters, and it is proposed to leave the tem-
porary location of the capital at the particular locality that can muster a
majority of the votes, and not to the people at large — to locate it at the
[■■291] place having a mere plurality of votes — leaving the ^counties,
outside of Douglas county, or any other county that can muster a plu-
rality of votes, entirely out of the question. Hence, Johnson county, in
connection with the people of Douglas county, might locate, and the bal-
ance of the Territory have no voice in the matter. I say it is most un-
fair— but it is of a kind with the spirit of other propositions by the
gentleman from Douglas county throughout — not only upon this question
but upon others. It was supposed that it would be necessary for this Con-

400 CoNVEXTiON Proceedings and Debates.

vention to locate temporarily the capital. When the election of delegates
was to come ofif, the people expected that some place would be dasig-
nated by this Convention at which the first Legislative Assembly should
convene. Then I say that our action here is the action of the whole
people, whereas the proposition of the gentleman from Douglas would be
only the action of Douglas county— no other coimty being able to com-
mand more votes, except the county of Leavenworth. If she could muster
Johnson county, which lies just at her threshhold, to vote for the loca-
tion of the temporary capital at Lawrence, they would locate it without
giving the balance of the people a voice. Now the proposition I sub-
mit here is, to give the Legislature authority for the submission of this
question — at its first session, if it chooses — to the whole people; and to
that doctrine I most heartily subscribe. I am not afraid to submit this
question, or any other question that involves the interest and rights of the
people, to the people themselves. I claim to be one of the people, and I
am not willing to take this question out of their hands. I do think the
proposition a fair one, and one that ought to be adopted. It will locate
the temporary capital, as we are representatives of the people, at a point
having a majority of the votes of this Convention, and give to the Legis-
lature the right to submit the question of a permanent capital to the
people at large. There can be nothing more fair. The opposition to this
is unfair, and it seems to me that this Convention is not now ready to say
that Douglas, Leavenworth, Shawnee, Doniphan, or any other one county,
shall locate the capital temporarily, to the exclusion of the voters of the
balance of the Territory. For these reasons I am in favor of the original
resolution as amended by my colleague (Mr. Ritchie), and opposed to
the proposition as made by the gentleman from Douglas.

Mr. Thacher. I accept the amendment last offered by the gentleman
from Shawnee (Mr. Ritchie).

Mr. Ritchie. My amendment ' was intended to follow the original
resolution.

The President. It would not be in order in that position.

Mr. Ritchie. I withdraw it.

The President. The Chair is of opinion that amendments cannot, be
withdrawn when they are in this position without some action of the Con-
vention. On reading the amendment of the gentleman from Shawnee, the
Chair finds it is incorporated into the amendment of the gentleman from
Douglas, and finding them to be identical, and the condition of the ques-
tion not being changed at all, the Chair will consider it as not before the
Convention, which will be equivalent to its withdrawal.

Mr. Wrigley. I would ask if a substitute would be in order?

The President. As an amendment to the amendment.

Mr. Wrigley. I will read it:

Resolved, That this Convention now proceed to ballot for a temporary'
.seat of government; that each member shall nominate the place for which
he wishes to vote, and that the point receiving the lowest number of votes
shall be dropped until only two places shall be voted for, and at the time
of voting on this Constitution the electors of the Territory shall vote for
one of the two places named, and the point having the largest number of
votes shall be the seat of government.

The President. In the opinion of the Chair the amendment will not
[*292] be in order, because it ^covers the ground of the original reso-
lution.

Friday, Jilv 22, 1859. 401

Mr. Stinson. Mr. President. I now move to lay the subject on the
table.

The yeas and nays were demanded; and being ordered and taken, re-
sulted— yeas 16, nays 33 — as follows:

Yeas — Messrs. Foster, Graham, Griffith, Hubbard, Houston, Ingalls,
Kingman, Moore, McClelland, McCullough, Palmer, Porter, Parks, Sig-
ner, Stinson, Wriglej^ — 16.

Nays — Messrs. Arthur, Burnett, Blunt, Brown, Barton, Burris, J.
Blood, N. C. Blood, Crocker, Button, Forman, C'reer, Hii)ple, Hutchinson,
Hanway, Hoffman, Lillie, Lamb, Middleton, McDowell, McCune, Preston,
Ritchie, Ross, Slough, Stiarwalt, Stokes, Simpson, Thacher, Townsend,
J. Wright, T. S. Wright, Williams— 33.

So the motion was rejected.

Mr. Griffith. Mr. President, so far as I am concerned I am willing
this proposition shall go before the people if you confine it to two points,
so we don't refer any question to the people and say a plurality vote shall
elect. The principle is that a majority shall elect, and not a plurality. 1
tliink a bare plurality vote should not decide. Narrow it down to two
points, let the Convention select them, and I am willing to refer the ques-
tion between them to the people.

Mr. Wrigley. I desire to so change the amendment, that —

Mr. Blunt. Do I imderstand that the amendment of the gentleman
from Doniphan (Mr. Wrigley) is before the Convention?

The President. The Chair does not consider it as being in order, until
after the amendment of the gentleman from Douglas is disposed of.

Mr. HipPLE. Mr. President, I would like to offer a resolution in rela-
tion to this subject. As there is a committee of investigation raised, I
think it is inexpedient to act upon this question now, and I would ask the
consent of the House to offer the resolution.

The President. The resolution is not in order, because, a motion to lay
on the table has just been taken, which would be the object aimed at by
the gentleman from Leavenworth (Mr. Hippie).

Mr. HipPLE. The resolution reads as follows:

"Resolved. That the question of the temporary location of the Capital
shall not be taken up until after the committee of investigation shall have
made their report."

I think that is no more than justice. Let the Convention know whether
there has been any fraud, and if so, let the people know it; and if there is
no truth in the charges upon which the committee was raised, let the
people know it. I offer this resolution, and hope the Convention will
adopt it.

The President. The Chair will consider the resolution as equivalent
to a motion to postpone, and will entertain it.

Mr. Stinson. I shall vote for the postponement as a matter of justice
to Lawrence.

The yeas and nays were demanded, and being ordered and taken re-
sulted— yeas 42, nays 7 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Brown, Barton, N. C. Blood,
J. Blood, Crocker, Dutton, Foster, Forman. Graham, Greer, Griffith,
Hippie, Hubbard, Hutchinson, Hanway, Hoffman, Houston, Injialls, King-
man, Lillie, Lamb, Middleton, Moore, McCune, McClelland, McCullough,

26 — 778

402 Convention Proceedings and Debates.

Preston, Palmer, Parks, Ritchie, Ross, Si^nor, Stinson, Simpson, Thacher,
Townsend, Wrigley, T. S. Wright, Williams — 42.

Nays— Messrs. Burris, McDowell, Porter, Slough, Stiarwalt, Stokes,
J. Wright— 7.

So the resolution was adopted.

Mr. Thacher. Mr. President, I oflFer the following:

"Resolved, That the committee appomted to enquire into the charge
against a Delegate from Douglas county, be instructed to inquire into all
charges connected with the Capital question, so far as the influences of the
votes of delegates is concerned."

The resolution was adopted.

Mr. Houston. Mr. President, I would like to present another resolu-
tion here:

''Resolved, That a committee of five be appointed to present to this Con-
[*293] vention a plan *for the location of a temporary and permanent
seat of government."

Mr. Slough. I move to lay it on the table.

The motion was agreed to.

PHRASEOLOGY AND ARRANGEMENT. .

Mr. Griffith. Mr. President, I offer the following resolution:
''Resolved, That Col. Slough and Mr. President be added to the com-
mittee on Phraseology and Arrangement."
The resolution was adopted.

OFFICIAL reporter.

Mr. Ross. Mr. President, I have a preamble and resolution which I
wish to offer, on behalf of the committee in relation to Reporting.

The committee on printing and preservation of the records submit the
following:

"Whereas, The contract for Reporting the Proceedings and Debates of
this Convention, awarded on the 7th of .hily to Dr. W. S. Bush, has been
transferred to his agent, Mr. Ariel E. Drapier; and whereas, the latter
party has performed the service under said contract, to the satisfaction
of this body; therefore —

"Resolved. That the compensation for said service be allowed and paid
directly to Mr. Drapier, in his own name, as though the original contract
had been made with him as principal."

The report of the committee was concurred in, and the preamble and
resolution adopted.

Mr. Ingalls. Mr. President, I offer the following resolution:

"Resolved, That the committee on investigation be instructed to report
to-morrow morning at 8 o'clock."

Mr. Ross. I move to amend by inserting "three o'clock this afternoon."
Mr. Ingalls. I accept the amendment.
The resolution as amended was adopted.

ADJUSTMENT OF CLAIMS.

Mr. Stinson. Mr. President, the Report of the Commissioners of
Claims, appointed under the Act of February 7th, which was presented
here on the Uth instant, is now printed and oflicially before the Con-
vention.

Friday, July 22, 1859. 403

The report is as follows:

''To the Convention to frame a Constitution and State Government for the
State of Kcjisas :

Pursuant to the provisions of the Act of the Territorial Leaj'slature,
approved Feb. 7, 1S59, entitled "An Act to provide for the Adjustment
and Payment of Claims," the undersigned Conamissioners, duly appointed
under said Act, respectfully report as follows:

That in view of the mifortunate circumstances that had attended the
organization of the Territorial Government, the destruction of property
that had taken place during the internecine war, and the excited state of
public feeling arising from losses and outrages that the people of the Terri-
tory complained of, Governor Geary, in his message, dated January 12,
1857, used the following language:

"In traveling through the Territory I have discovered great anxiety in
relation to the damages sustained during the past civil disturbances, and
everywhere the question has been asked as to whom they should look for
indemnity. These injuries — burning houses, plundering fields and stealing
horses and other property — have been a fruitful source of irritation and
trouble, and have impoverished many good citizens. They cannot be con-
sidered as springing from purely local causes, and as such, the subjects of
Territorial redress. Their exciting cause has been outside of this Territory,
and the agents, in their perpetration, have been the citizens of nearly
every State in the Union. It has been a species of national warfare waged
upon the soil of Kansas, and it should not be forgotten that both parties
were composed of men rushing here from various sections of the Union;
that both coijamitted acts which no law can justify, and the peaceable
citizens of Kansas have been the victims. In adjusting the question of
damages, it appears proper that a broad and comprehensive view of the
subject should be taken; and I have accordingly suggested to the General
Government the propriety of recommending to Congress the passage of
[*294] an Act ^providing for the appointment of a commissioner to take
testimony and report to Congress for final action, at as early a day as
possible.'

Thereupon an Act was passed by the Legislature and approved Feb-
ruary 23d, 1857, authorizing the appointment of a Commissioner, 'to audit
and certify claims,' in accordance with the jirovisions therein specified.
Hon. Hiram J. Strickler, who had served as Adjutant General of the Terri-
torial Militia under the laws of 1S55, and was presumed to have a full
knowledge of the late condition and events of the Territory, was appointed
such Commissioner. Pursuant to said Act, Gen. Strickler proceeded to
the discharge of his duties specified, and published a notice containing the
following paragraphs, and commenced taking testimony Sept. 1, 185/ :

'Notice to Claimants. — Whereas, under the provisions of "An Act to
provide for the auditing of Claims," and the Act supplemental thereto, both
passed and approved February 23d, 1857, the undersigned has been ap-
pointed commissioner 'to audit and certify all claims of all and every
person or persons who may present the same for consideration' for

'1. (Public). Moneys actually and necessarily expended for the pur-
pose of maintaining and carrying into effect the laws of this Territory, or
for the purpose of suppressing any rebellion or insurrection, whether in
sustaining the militia or any posse of the Marshal, or any Sheriff of any
county in the Territory.

'2. {Private). Claims of all persons who may have sustained any

404 Convention Proceedings and Debates.

loss or damage in consequence of, or growing out of the difficulties in this
Territory, by way of loss of property or consequent expenses, at any time
since the passage of the Act to organize this Territory, viz: May 31, 1854.
The said Act provides for the taking of testimony in support of all such
claims, collection and certification of vouchers, and making a true and
correct statement in duplicate of all such accounts — one to be laid before
the next Congress of the United States, and the other before the next
Legislative Assembly of Kansas Territory, to the end that proper and
united efforts may be made to obtain from Congress compensation and
indemnity for the losses, expense and damages incurred by the citizens of
this Territory without distinction of party.'

The paragraph contained in Governor Geary's Message was the foun-
dation for the presentation of a Bill in Congress by Gen. Whitfield, in
January, 1857, designed to secure an appropriation for the objects specified;
but the prevailing excitement in regard to Kansas affairs prevented final
action upon it at that session.

During the session of Congress in March, 1858, Gen. Strickler for-
warded to Washington, for presentation, his report and the testimony
taken, as required by the said Act of February 23, 1856. The Territorial
Delegate, Hon. M. J. Parrott, had the matter referred, and at the same
session presented a Bill in relation to the losses sustained by the people of
Kansas, the provisions [of] which he believed would meet the views and
wishes of his constituents. The unsettled condition of Kansas Affairs and
the continued troubles in the southern portion of the Territory, were re-
garded as sufficient excuse for the committee to refrain from making a-
practical report.

In January, 1858, General Strickler reported to the Legislature in re-
gard to his proceedings. Upon that report no action was had. The
Legislature of 1858 was the first in which the people of Kansas had had
control. Upon the old issues of "Free-State" and "Pro-Slavery," party
feeling continued excited. Owing to the position that a large portion of
Free State settlers had previously assumed, antagonistic to a voluntary
recognition of the laws passed by the Legislature of 1855, it was well known
that many sufferers had not presented their claims, which mostly range
under the "private class;" while, on the other hand, the amounts proven
[*295] by and allowed to individuals for contributions *ahd expenses
sustained, under the head of "public class," were of a character that the
Free State men in that Legislature did not feel themselves bound to aid
in obtaining compensation for. The whole subject, consequently, was
again passed by without legislative action.

At the last session of the Legislature, 1859, Governor Medary presented
Gen. Strickler's report in full. The report was printed, from which it
appears that on 357 claims presented, he awarded on the private class
$254,279.25; public class, $38,942.80. His report contained the names of
claimants and amounts awarded, but furnished no clue to the nature of
the claims, except by a perusal of the actual testimony taken in each case.
Hundreds of claimants throughout the Territory, without distinction of
party, had already made known their views in regard to the completeness
of the report (not through any intentional neglect on the part of Gen.
Strickler, but for reasons already referred to), and the Legislature deemed
it expedient to act upon and present the matter to Congress in a si)irit of
harmony and conciliation — entirely divested of all party feeling and re-
gardless of personal animosities. The following circular, which was the
result of the joint action of n committee, composed of representatives of all

Friday, July 22, 1859. 405

parties and interests, was laid before the Legislature, and its contents
favorably received by that body:

indf:mnity to Kansas sufferers.

In another column will be found the Bill presented by Mr. Clark, "to
provide for the payment of claims," of sufferers by the Kansas difficulties,
to which we invite the attention of our readers. It presents a feasible plan
for arriving at a correct and just estimate of the losses, and proposes a
mode of relief which is worthy of calm consideration. The Bill, perhaps,
is not perfect, and at first glance, without explanation, may not be re-
ceived as favorably in all respects, as circumstances require, and the in-
terests involved would warrant; but it can readily be amended so as to
answer the object designed, without necessarily opening the door to a class
of claims against which the feelings of the mass of the people of the Terri-
tory naturally revolt.

For some time past the subject has been under consideration by several
gentlemen who were appointed a committee on behalf of the sufferers, with-
out distinction of party, and they have corresponded with various mem-
bers of Congress, and through them virtually ascertained the views and
feelings of the Government, concerning the claims, as a matter of just
indemnity. From the information obtained, it is evident that no Consres-
sional action thereon can be had at the present session, for the following
reasons: 1st. Because of the early expiration of the term, and the pressure
of the general business. 2d. The claims are not yet collected together in
such a shape as to warrant their presentation. 3d. The Secretary of the
Treasury opposed the introduction of any matter having a tendency to de-
plete and embarrass the public treasury under present circumstances. 4th.
The Administration members of Congress are opi)Osed to having the sub-
ject presented in any form that may revive former discussions on Kansas
affairs.

It is known that Mr. Buchanan has, in private conversations, expressed
himself favorable to a proper indemnity of individuals, provided the Gov-
ernment can have the claims presented in such a form that the Territory
stands as a voucher and sponsor for the reality and justness of the several
demands; and that awards be made, on the auditing of claims, according
to some general rule equally api)licable to men of all parties, or by a tri-
bunal fairly constituted and representing the several interests and views of
the political parties involved. Many members of both Houses of Congress
coincide in these *\-iews. but they will never consent to the appointment of
•a roving commission with power to come to Kansas and hear and redress
grievances ad libitum. The whole subject must be compressed in a nut-
shell, and so presented as not only to avoid discussion, but to secure the
[*296] *support of men of all parties. The next House of Representa-
tives will probably [be in] opposition — the Senate, Democratic. Whatever
measure of indemnity is proposed, must have such fair and harmonious
antecedents in the Territory that Representatives of both parties may be
called upon to stand together in rendering justice to their friends or fellow-
partisans in the Territory. Unless a liberal policy be pursued — all parties
unite in their efforts here — success in Congress will be very doubtful.

The Bill proposed looks to the General Government for indemnity for
losses sustained by a great number of our citizens, on the general prin-
ciple that a government is bound to protect the rights, persons and prop-
erty of its subjects in return for the fulfillment of the duties of loyalty,
obedience, support and contributions which the latter are compelled to

406 CoN\^NTiON Proceedings and Debates.

yield. The duties of the Government and the governed are reciprocal. By
a surrender of a portion of his natural rights on becoming an integral part
of civil society, man virtually places himself and property at the control
of the C overnment and is entitled to protection of his individual rights.
This doctrine was recognized in the Roman Civil Law, became a portion
of the Common and Statute Law of England, was specially declared in the
"Code Napoleon," and has long received the sanction and hearty approval
of the people of our own country. When the Government has neglected
or been unable to protect the people of different localities in their lawful
rights, or the latter have been damnified through the action, non-action, or
neglect of the Government, indemnity has been given repeatedly, as the
claims of and allowances made to California, Oregon, Washington Terri-
tory, Florida and several of the States, for Indian depredations and other-
wise, will show. The repeal of the Missouri Compromise revived the ex-
citement and called [into] activity all the elements of strife, which had por-
tended serious difficulty in 1820. Statesmen readily understood what
might be apprehended as a natural result of the measure. However proper
in itself might be the wiping out of a merely geographical line, as incom-
patible with the equality and unity of the States in political rights, the
opening of our Territory to settlement under circumstances and in a man-
ner calculated to invite higher sectional interests which, it was evident,
would contend with each other for supremacy, was an experiment in self-
government, and an evidence of reliance upon the patriotism and intelli-
gence of the people, highly complimentary to the latter, but dangerous in
its character. The government failed to perform its full duty by enforcing
the principles of ec^ual and exact justice and protection to all interests
alike social and political. These, emigrants from all sections of the Union
had a right to expect; these, the Government was bound to maintain. The
result we have all seen to our sorrow. Instead of conciliating the Repre-
sentatives of sectional interests by impartial justice, misrepresentatioiLS
and frauds unparalleled in history induced the adoption of a policy on the
part of the Administration, the real foundation of which, as well as its
results, is now properly appreciated, and its injustice admitted by both
instigators and instruments. The sooner amends are made by the General
Government the sooner will peace, prosperity and justice prevail in our
Territory. The moral as well as legal responsibiMty of the Government
for the losses sustained, cannot be denied or repudiated.

The Bill now proposed authorizes the issue of certificates on awards
made, upon the expectation that a Congressional appropriation will re-
deem them. This can be secured in the form proposed, by incorporating'
it in the Ordinance of the Constitution. The Territory owes it to its citi-
zens to protect, and as far as possible, secure their rights. The success of
this Bill will carry joy to the hearts of many a worthy household. The
certificates, whether in the shape proposed or included in a funded debt,
will be available and afford pecuniary relief to many.

Our people had been, for so long a time, working at cross purposes
[*297] against each other; the ^interests of the bo7ia fide settlers had
been so often made the football of politicians and partisans; the develop-
ment of the material interests of the Territory had been so greatly re-
tarded; the local difficulties arising out of the slavery question, directly
or indirectly, had so often caused the shedding of blood; the passions of a
considerable body of the people in certain portions of the Territory where
suffering from the loss and destruction of property in 1S56 then existed,
^ad Men so aroused, that the Legislature regarded it as the primary step

Friday, July 22, 1859. 407

towards peace and prosperity to allay political asperities by an act of
justice, that would respect the views and secure the rights of all, regardless
of party proclivities. The unity of action thus proposed by gentlemen of
all political parties, was regarded and hailed as a favorable omen, and one
that could not fail to have a beneficial effect upon the future of our Terri-
tory. The fact that most of the losses were sustained by bona fide settlers,
men of substance, men having families, men who had come here to make
Kansas their home, presuming that they might here enjoy the same hberty
of thought and speech and the same protection to what they understood
and believed to be their rights of property, as in the States from which
they came, was no longer a matter of doubt. It had been demonstrated
to the satisfaction of all, that most of the outrages complained of had been
perpetrated and property taken and destroyed by a class of irresponsible
and reckless desperadoes drawn hither through the excitement and appli-
ances of a political campaign and the intervention of parties and partisans
outside of the Territory; that many of the desperadoes who came here
were governed by self-interest instead of political principles, and that they,
to a great extent, participated in the warfare, some one side and some on
the other — in fact, th'^-t outside intervention in Territorial affairs, con-
trary to the wishes and interests of the real settlers of Kansas, caused and
continued the prolonged strife. But for such intervention on either side,
the real settlers would soon have settled their political differences in a
legal and peaceable manner, provided the General Government had af-
forded them the protection and "fair play" guaranteed them by the Con-
stitution. Time and the ballot-box were all that were necessary to demon-
strate and establish whatever the people of Kansas might deem for their
best interests.

With a patriotism and disinterestedness that could not fail to secure
public approval party feeling was buried and the Act of Feb. 7, 1859, was
passed and approved by the Governor.

AN ACT to provide for the pa\Tnent of and Adjustment of Claims.

Be it enacted by the Governor and Legislative Assembly of the Territory
of Kansas:

Section 1. That three Commissioners shall be appointed as follows:
One by the Legislative Council, one by the House of Representatives, and
one by the Governor of the Territory, whose duty it shall be to audit and
certify all claims for the loss of property taken or destroyed, and damages
resulting therefrom, during the disorder which prevailed in this Territory
from November 1st, 1855, to December 1st, 1856.

Sec. 2. Said Commissioners shall have power to fix the times and
places when and where their sessions shall be held, and may adjourn from
time to time and from place to place, at their discretion. The presence
of two of said commissioners shall constitute a quorum for the transaction
of business. Said commissioners shall prescribe and publish such rules
and regulations concerning the taking of testimony as they may deem ex-
pedient, not conflicting with the laws of the Territory. They shall have
power to send for persons and papers, to preserve order, issue subpoenas,
and enforce the attendance of witnesses in the same manner, and with like
effect as the district courts: Provided, That parties seeking to prove
their claims shall pay officers' and witnesses' fees in the same manner as
required by law hi suits in said District Courts.

[*298] *Sec. 3. Before entering upon the discharge of their duties, said
Commissioners and their officers shall each take and subscribe an oath be-
fore some competent officer, to support the Constitution of the United

408 Convention Proceedings and Debates.

States, and the provisions of the Act organizing the Territory of Kansas,
and that they will faithfully and impartially perform the duties enjoined
by this Act, which oath shall be filed with the Secretary of the Territory.

Sec. 4. Said Commissioners may appoint one or more clerks, whose
duty it shall be to keep a true and proper record of the proceedings before
the Commissioners, preserve all papers and testimony filed in relation to
claims, and perform such other acts pertaining to that office as the Com-
missioners may direct. They shall be allowed for their services four dol-
lars per day, and ten cents for every mile necessarily traveled.

Sec. 5. The compensation of said Commissioners shall be five dollars
per day each, for every day actually engaged in the discharge of the duties
imposed by this Act, and ten cents per mile for every mile necessarily
traveled in the discharge of said duties, and their actual expenses for sta-
tionery, postage and room rent, shall be certified by them and audited by
the Auditor of the Territory, and warrants be drawn therefor on the Terri-
torial Treasurer. Warrants shall, in like manner, be drawn for said Com-
missioners and their clerk or clerks, for such sums as may become due to
them from time to time for their services.

Sec, 6. Authority is hereby given to said Commissioners to fill any
vacancy that may occur in their number by death, resignation or other-
wise; and to administer oaths connected with the duties herein specified.
And any person who shall swear falsely on any such investigation, whether
a claimant or witness, shall be deemed guilty of perjury.

Sec. 7. It shall be the duty of said Commissioners to receive and ex-
amine the evidence heretofore obtained by the Commissioners appointed
under the 'Act to provide for the Auditing of Claims,' approved Febru-
ary 23, 1857, and they may adopt or reject the same, or any part thereof,
as shall to them seem just and right.

Sec. 8. The provisions of this Act shall only apply to citizens of this
Territory, and those who were citizens at the time of the losses, and dam-
ages sought to be proven. Executors and administrators shall be per-
mitted to prosecute claims in behalf of deceased persons.

Sec, 9. Said Commissioners may appoint a Sergeant-at-Arms, whose
duty it shall be to serve all processes issued by the Commissioners, and
who shall receive the same fees and mileage as arc by law allowed for like
services in the District Courts of the Territory, to be paid by the claimant.

Sec. 10. Upon the completion of the testimony and the recording of
the awards in each case, the Commissioners shall, upon demand of the
claimant, deliver to him a certificate of such decision or award. And on
or before the first day of September, 1859, said Commissioners shall_ close
their proceedings under this Act, and make up and file in duplicate in the
office of the Secretary, and in the office of the Auditor of the Territory, a
statement of all claims presented, and the amount, if any, allowed thereon;
and they shall likewise file in the office of the Secretary of the Territory,
all testimony, vouchers, papers and documents pertaining to their in-
vestigations.

Sec. 11. It shall be the duty of the Auditor of the Territory, upon the
delivery to him of any certificate of award given by said Commissioners,
to draw his warrants on the Treasurer of the Territory in such sums as
may be required, for the amount therein named, in favor of the party to
whom such award has been made, or to his order, and dehver the same on
demand.

Friday, July 22, 1859. 409

Sec. 12. It shall be the duty of any Constitutional Convention hereafter
[*299] to assemble, to make suitable provisions for securing the *pay-
ment of said warrants by the Federal Government, by incorporating in
the ordinance to be submitted with the Constitution formed a provision
to that effect.

Sec. 13. Nothing in this Act shall be so construed as to authorize the
payment of the warrants issued, in accordance with its provisions, before
the first day of January, 1865, unless provision shall be made for funding
these warrants with the other indebtedness of the Terntory, or unless
Congress shall sooner make provision for their payment; but said war-
rants shall bear interest at the rate of six per cent, per annum.

Sec. 14. This act shall be in force from and after its passage.

Approved February 7. 1859. S. Medary,

Governor of Kansas Territory.

AN ACT Supplementary to an Act entitled 'An Act to provide for the

Payment of Claims.'
Be it enacted by the Governor and Legislative Assembly of the Territory
of Kansas:

Section 1. That the Commissioners appointed under and by virtue of
the act of which this is a supplement, before entering upon their respective
duties, shall enter into bonds to the Territory of Kansas in the sum of ten
thousand dollars each, with good and sufficient security to be approved by
some one of the Judges of the Supreme Court of said Territory, condi-
tional upon the faithful discharge of their respective duties, and shall take
and subscribe an oath before a judge of said court, to support the Consti-
tution of the United States, and the Organic Act of this Territory, and to
faithfully and impartially discharge their respective duties.

Sec. 2. There shall be elected on joint ballot of both branches of the
Legislative Assembly, some suitable Attorney, whose duty it shall be to
attend the said Commissioners, and the said Attorney shall take an oath
for the faithful discharge of the duties of said office, with power to sub-
poena witnesses and attend to all business wherein the Territory is inter-
ested, for the purpose of securing an honest and faithful investigation of
any and all claims which may be presented for trial before said Commis-
sioners.

Sec. 3. That said Attorney so appointed shall have such sum allowed
him for his services as will be provided by law.

Sec. 4. It shall be the duty of said Commissioners to make out and re-
port on the first Tuesday of July next to the Constitutional Convention,
the first day of its meeting at Wyandotte, a complete report of their
actions, which said report shall be signed by the said Commissioners and
countersigned by the Attorney appointed for and on behalf of said Terri-
tory, and shall report all the claims presented before said Commissioners
for allowance, also all the claims by them allowed and all proceedings by
them had upon the same, to the next annual session of the Legislature of
this Territory.

Sec. 5. That the said Commissioners are hereby prohibited from issu-
ing any Territorial scrip or bonds.

Sec. 6. That the certificate issued by the Governor in pursuance of the
tenth section of the act to which ihis is supplemental shall not be con-

410 Convention Proceedings and Debates.

strued as binding the Territory for the payment of said claims until the
same shall be fully authorized by subsequent legislation on the part of
the Territory.

Sec. 7. This Act to be in force from and after its passage.

We must be excused for using party terms in an official report, but the
peculiar circumstances involved in Kansas politics are of such a character,
and the position of affairs is so complicated, that we confess that the
points necessary to be eliminated for a proper understanding of the sub-
ject cannot otherwise be arrived at, except by a course of circumlocution
now quite unnecessary.

Under the provisions of said Act, the Governor appointed Edward
[*300] Hoogland, the Coun*cil elected Henry J. Adams, and the House
of Representatives elected Samuel A. Kingman, as Commissioners. The
object aimed at in distributing the selection in that manner, was to divest
the Board of a partisan character, by combining therein representatives of
the different phases of Territorial politics.

Under the Supplementary Act, Hon. Wm. McKay was on joint ballot
of both Houses, duly elected Territorial Attorney, in regard to said claims,
who has been with us, and discharged the duties specified.

The organization of the Board of Commissioners was effected at Leav-
enworth City on the 21st day of February last, and ever since that date
we have all been constantly engaged in the discharge of the duties devolved
upon us by said Act. Respecting the good faith implied by the action of
the Legislature, and in order to avoid even the appearance of party pre-
cedence, the selection of a Chairman or President of the Board was dis-
pensed with.

On organizing, we adopted and published throughout the Territory, for
a long time, the following Rules and Regulations.

'KANSAS SUFFERERS — NOTICE TO CLAIMANTS.

Whereas, under the provisions of "An Act to Provide for the Adjust-
ment and Payment of Claims," approved Feb. 7, 1859, the undersigned
have been duly appointed Commissioners "to audit and certify all claims
for the loss of property taken or destroyed, and damages resulting there-
from, during the disorder which prevailed from Nov. 1st, 1855, to De-
cember 1st, 1856." The said Act provides for the taking of testimony in
support [of] or opposition to all such claims; the preservation of all such
testimony and accompanying vouchers; and that duplicate conies be made
thereof, for the purpose of presenting such claims, in a tangible form, to
the Congress of the United States for pa}'ment, in connection with the
ordinance to accompany the Constitution under which Kansas may apply
for admission into the Union.

To the end that proper and united efforts may be made to obtain from
Congress compensation and indemnity for the losses and damages sus-
tained by the citizens of this Territory, without distinction of party, notice
is hereby given that the undersigned Commissioners, as aforesaid, will hold
sessions, and receive and act upon claims and proofs under said Act, ac-
cording to the following

RULES AND REGULATIONS.

1. All persons claiming the benefit of said Act, will do so by sworn
petition in writing, reciting in each case all the facts, circumstances and
dates upon which the claim is founded, and present the bills of items or
other vouchers duly authorized.

Friday, July 22, 1859. 411

2. All claims or amounts presented must be supported by the fullest
proof possible to be obtained. The highest legal evidence available will
be required.

3. All property claimed for as taken or destroyed, must be described
with reasonable certainty, and the value thereof particularized and stated.

4. The testimony of two disinterested witnesses, upon a material point
of statement of facts, will be received as sufficient prima fac'e evidence.

5. In case of the absence of material witnesses from the Territory,
either Commissioner, will, upon application, issue a suitable commission
for the taking of necessary testimony.

6. Access will be granted, upon application, to any evidence in posses-
sion of the Commissioners, or heretofore filed with Commissioner Strickler.

7. All applicatiops for indemnity or claims for losses must be made
anew to the present Board without delaJ^

8. The Act applies only to citizens of the Territory and those who
were citizens at the time the losses and damages sought to be proven
accrued.

9. The claims specified in the Act are those arising from the taking and
[*301] destruction of prop*erty — not for services or voluntary contri-
butions.

10. Executors and Administrators have the right to claim on behalf of
deceased persons.

11. The petition and vouchers can be filed with the Central Clerk,
Caleb S. Pratt, Lawrence, or with either of the Commissioners.

12. Each petition and accompanying vouchers, will be forthwith ex-
amined by the Commissioners severally, for information, and then delivered
to the attorney for the Territory.

13. Public sessions of the Commissioners will be held at Leavenworth.
Lawrence, Osawatomie, Tecumseh and Fort Scott, (and perhaps in other
localities where the interests of the Territory or the convenience of parties
may reouire), at times hereafter to be designated.

14. The Commissioners desire as early information as possible of all
claims intended to be presented. Such information, giving the names and
residences of applicants and their witnesses, may be communicated by
letter to the central clerk or either of the Commissioners, in advance of
the filing of the petition. This is necessary in order that the Board may
be prepared as early as practicable to estimate the amount and locality
of business to be disposed of.

15. All petitions and applications will be submitted to the attorney
on the part of the Territory (Judge McKay) as soon as practicable, for
examination; and upon his suggestion parties vnW be required to produce
before the Board, in public session, such witnesses as he or either of the
Commissioners may desire to examine further. Parties will be duly noti-
fied of the time and place, when opposing testimony to any of their claims
will be produced and heard.

16. As a general rule the personal attendance of witnesses, whose testi-
mony may accompany petitions, will be required by the Board at a public
session, for public examination or cross-examination, in relation to the
facts set forth in such petitions.

17. SubpcBuas will be issued, on application of parties, to compel the
attendance of witnesses — claimants paying officers' fees for serving.

18. A final hearing may be had upon any petition, at any public session,
where the claimant may be in attendance with his witnesses — provided
such petition shall have been filed ten days before such hearing is de-

412 Convention Proceedings and Debates.

manded; but such ten days may be waived by the Territorial attorney
or either [any] two of the Commissioners.

19. Awards will be made as soon as practicable after final hearing.

20. The first public session of the Board will be held at the Johnson
House in Lawrence, on the first Monday of March next, and continue
from day to day as long as business may present or render advisable.

21. When petitions or accompanying affidavits are sworn to before a
justice of the peace, the county clerk's certificate and seal should be at-
tached.

The act above mentioned is broad in its provisions, and designed to
benefit, without distinction of party, all b:7ia fide citizens of the Territory'
who sustained losses within the period specified. All such are requested
to come forward as soon as possible and present just and honest statements
of their losses, and unite their efforts in accomplishing the object in view,
by enabling the undersigned to present a complete, full, fair and impartial
statement of the losses and damages that have been entailed upon the
citizens of Kansas by the political and social questions devolved by Con-
gress upon them for settlement.

Dated at Leavenworth City, K. T., February 21, 1859.

Edw. Hoogland,
Henry J. Adams,
S. A. Kingman,

Com'rs of Claims.

Accordingly, sessions have been held in all the counties where the num-
[*302] ber "of claimants *warranted; and by advertisements from time
to time, and personal exertions, every possible facility has been afforded
to the sufferers to present their claims and produce their testimony, with
as little trouble and expense to them as possible.

Since the date mentioned (Feb. 21, 1859), we have received petitions
and taken testimony in 463 cases. Awards have been made to 417 claim-
ants, amounting to §412,978.03. Eighteen claims stand suspended for want
of proof. Two cases have been withdrawn, and 26 claims have been wholly
rejected as inadmissible. The total amount of suspended claims is S25,-
972.22, probably two-thirds of which will be properly established.

Amount of "crops destroyed, $37,349.61; number of buildings burned
and destroyed, 78; horses "taken or destroyed, 868; cattle taken or de-
stroyed, 533. Amount of property owned by pro-slavery men, $77,198.99;
property owned by Free State men, $335,779.04. Property taken or de-
stroyed by pro-slavery men, $318,718.63. Property taken or destroyed
by Free State men, $^94,529.40. For particulars of names of claimants,
amounts awarded, and the principal items of said claims, we respectfully
refer to the tabular statement hereto annexed, as a part of our report,
and marked "A." Of the three hundred and fifty-seven claims audited by
the former Commissioner, one hundred and ninety-six have been pre-
sented to us for adjustment, and the action thereon will be found in the
said statement. Doubtless nearly all the remainder are abandoned by the
parties, or were originally presented by persons who have since removed
from the Territory. We know, however, that there are quite a number
of just and meritorious claims, which either are not submitted, or, accord-
mg to the rules by which we have been governed, could not be admitted
under the present law. We think fifty thousand dollars, in addition to
the awards made, will be sufficient, with close inspection, to discharge all
such demands that would probably be presented by actual citizens of
Kansas.

Friday, July 22, 1859. 418

It is hardly necessary for us to allude to the extent and character of
our labors. The result is before you, and to the testimony taken in sup-
port of the claims we earnestly invite your attention. The cases are all
ready for your inspection. In all cases we have required the fullest and
most satisfactory evidence that could be obtained, and have made no
aw\ard unless we believed it warranted by the proof and the language,
spirit and intent of the act of February 7, 1859. under which we were
acting.

We will not enlarge upon the character and bearing of the testimony on
file. Many historical facts and incidents, as \yell as detai's, which were for
a long time regarded as party or individual secrets, are developed and
distinctly put upon the record. The future historian will find in the testi-
mony taken, reliable statements by the actors or eye-witnesses of many
interesting and important events, which have heretofore assumed more or
less prominence in the public mind, and the particulars of which have been
incidentally and necessarily drawn out in the progress of our investigations.
Without assuming to direct, advise or control the language or character of
any of the revelations thus made, we have permitted witnesses to tell their
stories in their own way. on either side; and, irrespective of the "compli-
mentary" terms in which some of the petitioners speak of the respective
parties in 1856, we have regarded their ebullitions of feeling as the natural
result of the wrongs suffered, the murders committed, the driving off from
their claims of defenceless women and children, the sacking of towns, the
burning of dwellings, the destruction of crops, the plundering of house-
holds, the stealing [of] horses and cattle, and other unlawful acts, and not
attempted to check their expressions; for men of both parties, and their
[*303] families *had the same complaints to make against those whom
they believed to have been their enemies. But the excesses committed by
those claiming partizanship in the war on one side, bear little equality
with those charged on the other, so far as the proofs are before us.

It is an admitted fact, that in the early stage of the difficulties, an in-
vasion and assumption of the rights of the actual, bona fide settlers of
Kansas (claiming legality through the official certificates of Governor
Reeder), led to resistance against what was regarded by the majority as
tyrannical and unconstitutional enactments, which had for their ultimate
object the establishment of an institution not consonant with the views
and wishes of such majority, and brought the latter into collision with the
Territorial authorities. The federal government recognised and sust-^ined
the legislative authority on record. The ballot box, violated on one hand
and rejected on the other, and the malcontents forced into a pr'ma facie
illegal and factious position, it is not to be wondered at that misconception
of facts prevailed abroad, or that violence, bloodshed and carnage ensued.
An assailing force was introduced from abroad to sustain the laws. Re-
sistance took organization for defence. A compromise was effected, but it
proved only an armistice to recruit forces. Both jiarties became exas-
perated. Sympathizers and adventurers from North and South rushed
into the Territory, some as emigrants, others as armed regiments. May,
1856, witnessed an assault upon a city by an armed force, using artillery;
the assai'ants alleging and many believing that they acted under authority
of the United States Marshal or the Territorial laws. A mutual guerrilla
warfare ensued. Bands of armed men possessed and scoured the Terri-
tory from May till September. All law was abo'ished. Settlers who par-
ticipated least and discountenanced the proceedings, suffered the most loss.
A relentless plundering and warfare was kept up in many localities. Rob-

414 Convention Proceedings and Debates.

beries were not always confined to political opponents. Hundreds of
families were plundered, and other hundreds were compelled to leave their
homes and seek safety in flight, abandoning their all. The roads were
possessed and guarded by guerrillas. The mails were stopped and robbed.
Communication with the Northern and Eastern States was principally
cut off. The U. S. troops interposed for the establishment of law and
order. In August, hundreds of armed men came in from Iowa and Ne-
braska, and actively took the field, according to their s>Tnpathies. Alleged
guerrilla parties were by them attacked and dispersed. Again a neighbor-
ing State interfered. A defenceless town was attacked and entirely
burned. September 1st, the largest city in the Territory witnessed the
expulsion of many of her citizens, the sacrifice of their property and the
shedding of blood. Desperation and revenge induced more active retalia-
tion. Again a neighboring State intervened, and an army of two thousand
eight hundred men was organized, and marched forty miles into the Terri-
tory, to expel or exterminate opponents. Governor Geary, by diplomacy,
diverted them from their purpose. They were disbanded and retired from
the Territory, committing murders, robberies and outrages. But the Gov-
ernor finally restored peace. Soon after the Governor's proclamation
against armed bands was published, hundreds of adventurers retired from
the Territory, in the directions whence they came, taking with them the
results of their expeditions. These facts are in evidence in many cases now
on file before us.

From all our investigations, we are confident that the entire loss and
destruction of property' during the warfare, from November 1, 1855, till
December 1, 1856, including the fitting out of the several armed expedi-
tions, and the private losses incurred on both sides, could not have been
less than two millions of dollars (S2,0C0,C00). We believe that at least
[-304] one-half of that amount was chrectly ^sustained by and fell upon
actual citizens of Kansas — the hona fide settlers. This opinion is formed:
1st. From the amount of losses clnimed before us, (and which we have no
doubt were actual losses and expenses to the individuals, but a large pro-
portion of which we could not allow under the act of February 7, 1859).
2d. From the amounts proven up before the former Commissioner, and
which have not been presented to us for adjustment. 3d. From the num-
ber of settlers who were driven away from the Territory and hn^•e never
returned, being spirit-broken and discouraged by the scenes of 1856.

Although not within our province, we may be excused for stating, that
from the most reliable information that we have been able to gather, by the
secret v,-arfare of the guerrilla system, and in well known encounters, the
number of lives sacrificed in Kansas during the period mentioned probably
exceeded rather than fell short of two hundred. Many affairs in which
life was sacrificed (on either side) were kept secret, and the particulars are
only known to the participants. The guerrillas, from motives of policy,
seldom made known the result of their operations. But the number of
missing persons, and the letters of inquiry for individuals addressed so fre-
quently from all parts of the Union to citizens of Kansas, have a meaning
and s'gnificance not to be mistaken.

That the ex-^itcment in the Eastern and Southern States in 1856 was
instigated and kept up by garbled and exaggerated accounts of Kansas
affairs, published in the Eastern and Southern newspapers, is true, most
true; but the half of what was done by either party was never chronicled!
Is it then to be wondered at, that hundreds of honest and peaceable settlers,
who deemed the outrages and robberies perpetrated upon them to have

Friday, July 22, 1859. 415

been aimed at them individually, on account of their political but really
unobtruded sentiments, should feel a dangerous degree of bitterness towards
those who had deprived them of the comforts of life and blasted their
early prospects in the Territory? May we not look at the revelations now
made in a philosophical light, and by presenting to the country, in the
most practical shape, well established facts and their results, contribute
our mite to the science of pohtical economy and pubhc pohcy? The facts
stated, develop the dangerous tendencies that still exist, to a great extent,
in the public mind, and must convince the skeptical that real peace, friend-
ship, cordiaUty and neighborly sympathy will never have full sway over the
hearts of those aggrieved, so long as their wrongs are suffered. The
old fires are liable to be relighted at any moment. Old antipathies
will over-ride all political issues, however important. In many instances,
however, Free State men have voluntarily come up and testified to im-
portant facts in favor of pro-slavery men, and pro-slavery men have done
the hke for their former opponents; in others, political or sectional diffi-
culties have been candidly explained and mutually traced to their origin,
without prejudice to the honor or principles of either partisan; and in
others again, men have risen above the mere demands of party strife and
party influence, and sought to promote the future welfare and aggrandize-
ment of the Territory, shoulder to shoulder, by securing, as far as possible,
indemnity to those who were the victims of circumstances that the people
of the Territory could not control, but which the General Government was
in honor and in duty bound to protect them against, by maintaining invio-
late the purity of the ballot-box on the one side and the rights of property
on the other. To such men, whether in Congress or in the private abode
of the squatter — whether in the Legislative hall or a Constitutional Con-
vention, the candid judgment of the people of a growing and prosperous
State will in due time do justice.

The movement in regard to obtaining from the General Government a
[*305] just indemnity to *the sufferers, is not a party movement. It is
founded on justice; it is equitable; it is due to the people; it is due to those
who participated in the struggle of 1S56, in defence of their honest convic-
tions; it is an important step towards obtaining a demonstration of the
natural justice and generosity of the American character, and is proposed
and urged at a time when a combination of circumstances leaves no doubt
of its success, as the more satisfactory condition of affairs in the Territory
during the present year demonstrates that truth and justice are no longer
overruled by misrepresentation and fraud.

To the following extracts from the late Commissioner's report, submitted
to Consress, March, 1858, we invite attention, as showing the light in
which the subject has been and is yet viewed by the representatives of the
Administration,^ and adducinq; strong reasons for relying upon the General
Government for that indemnity to which the sufferers are justly entitled:

"It cannot be denied, that from the commencement of the agitation
relative to the organization and opening of the Ind-an Territory, it was
foreseen by statesmen and politicians, in all parts of the Union, that a great
principle was to be settled, that public excitement would arise, and that
consequences dangerous to the peace nnd we'fare of the Union mieht result
from attempting to blend together the principles and interests of people
from different portions of the Union, who were alike ignorant of the true
social condition and views of each other, and equally prejudiced by educa-
tion and political associations, against what one or the other regarded as
inherent and inalienable rights.

The Kansas-Nebraska act, in effect, destroyed all compromises, and vir-

416 Convention Proceedings and Debates.

tually acknowledged the right of the people of the South to carry their
peculiar institutions and property to the extreme North; while it equally
sanctioned the riiht of the people of the North to emigrate to territory
south of 36 deg. and 30 min., and there establish their views and policy, if
numericall}'^ superior to those who affiliate in sentiment and action with the
people of the Southern States. Kansas, from its salubrity of climate, fer-
tihty of soil, commercial advantages, geographical position, and mineral and
agricultural wealth, as well as its location near the old compromise line,
was at once regarded by all parts of the Union as the decisive spot where
the principles referred to were to be definitely settled, and the future prog-
ress or prohibition of the institution determined.

The issue was made — the trial has been had — the verdict of the people
has been rendered, and it becomes the duty of all good citizens, without
distinction of party, peaceably to submit to the decision of the majority.

The agitation consequent upon the trial is about to terminate. The
majority of the people, in the formation of a State government, will doubt-
less exj^iress and enforce their own views.

Whi'e it is a matter of great congratulation that the great issue, with
its trials, dangers, losses and difficulties, has thus been brought to a
termination, the General Government, as the representative and agent
of all the States, owes to the people of Kansas, to the pioneers, to the
settlers, the champions of public opinion in the States from which they
came, a debt of gratitude. The United States opened the Territory for
settlement under the peculiar circumstances — emigration was stimulated,
an ultra political element full of prejudice and sectionalism, which had
long disturbed the country, was here brought into the practical issues of
life, aggravated by outside interference on the one side and a total
failure upon the part of the "Federal arm" on the other, to preserve the
peace, maintain order, and protect the person and property of loyal and
peaceable citizens from the outrages of marauders. The apple of discord,
which had so long created trouble and anxiety in the halls of legislation
at Washington, was cast among those who had sought to make their homes
upon the beautiful prairies of Kansas, and for the contentions that thus
arose the General Government is responsible. It is confidently believed by
hundreds of all parties throughout the Territory that Congress should and
would make an appropriation for the reimbursement and indemnification
of those who have sustained losses directly resulting from the troubles
incident to the settlement of the Territory. Political parties and residents
of one portion of the Union or the other, view the acts of their opponents
in Kansas unfavorably.

But common justice, and a reasonable respect for men who claim the
prerogatives of American birthright, demand that the acts of all parties
in Kansas be regarded as the legitimate result of the action of the Gen-
eral Governm.ent. The mantle of mutual forgiveness must be spread over
all that is passed, and the actors and participants in the Territorial
[*306] ^troubles be regarded by their opponents as men who zealously
contended for their rights and the establishment of principles in which
their faith and confidence was sincere. Making due allowance for each
other under these circumstances, and uniting their efforts to present the
facts to Congress in the manner contemplated by the act under which
this commission originated, not doubting that the many worthy and pa-
triotic men who have sustained losses will have their grievances redressed
by the authority to which they have a right to i)resent their just demands.

In reviewing the evidence, it will be seen that the jiroof in some cases
is comparatively slight, in others overwhelmingly convincing.

Friday. July 22. 1S59. 417

It must l)e borne in mind, that as incident to a state of ciNil war, the
disappearance of individuals, loss of papers, and individual asperities of
feeling on the part of persons who might be useful to claimants, are to be
expected. The papers herewith submitted are as complete as could be
expected under the circumstances."

Su6h was the language of the former Commissioner, an appointee of
the Representative of the General Government, in his report to Congress
above mentioned. His position, and famiharity with the events alluded
to, entitled it to weight and consideration, and secured for his report a
favorable reception, which, but for the reasons alreadj- given would, prob-
ably, have resulted in specific action. We quote' the language now, for
the purpose of showing the position assumed, and the admissions then
frankly made.

In the discharge of our duties as Commissioners under the law, while
we have not felt bound to regtilate our proceedings bj' all the technical
rules of procedure which govern courts of law, we have i:ie\ertheless been
guided in our investigations and decisions by the rules of evidence and
those great principles of law which the experience of ages has shown to
be safe guides to truth and justice; and although we have labored under
a heavy sense of responsibility and earnest desire to do justice to all
parties, we dare not claim, or even hope, that in all cases we have been
able to do exact justice to claimants. We do not doubt but in some in-
stances claimants maj- have proved more than they could justly claim:
and again, we have, no doubt, reduced or rejected claims that were meri-
torious, because the proof was not sufficient to justify us in making an
award. We have felt boimd to decide according to the evidence which
we have put on record, and to which we invite your attention.

We take occasion here to express our regret that the public mind
should have been misled, as we fear it has to some extent, in regard to the
amount and character of the awards, by published statements destitute of
truth, and by false conclusions drawn from these erroneous statements.
Whether private malice or partisan feeling may have dictated such reports,
we are unable to say, and can only regret that men who profess a zeal for
truth and justice should so far have neglected truth, and by their reckless
statements, made without the slightest knowledge of the facts, created a
feeling in the public mind which tends to ptit in peril the only chance a
large and meritorious class of our people have of getting from the Federal
Government indemnity for sufferings and losses restilting from the neglect
of that government and its failure to extend that protection to our jieople
which was their due.

Dated at Wyandotte, K. T.. .July 11. 1S5(».

Edw.\kd Houc.l.^n'u.
Hexry" J. Ad.\ms,
Samuel A. Kingman."

"Wyandotte City, K. T., Jidy 11, ls5y.
Haviufr examined the loregoine report. T herein- approve of the same.

William McK.4y. Att'v."

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[*319j *Mr. Stinson. I move that the report be referred to the com-
mittee on ordinance and pubhc debt
The motion was agreed to.

THE COLORED GENTLEMAN.

Mr. Graham. Mr. President, I rise to a question ot privilege.

The President. The gentleman from Atchison (Mr. Graham) rises to
a question of privilege.

Mr. Graham. For the purpose of making an inciuiry, to know which
party has the "nigger." I have not heard from the colored gentleman for
twenty-four hours.

Mr. Wrigley. 1 understand him to be in possession of the gentleman
from Atchison (Mr. Graham).

Mr. Stinson. I understand that the gentleman, in looking for the capi-
tal question, has discovered "a negro in the wood pile."

The President. The Chair will announce the following committee of
investigation: Messrs. Porter, IMoore, Simpson, Hanway and Signor.

Mr. Ingalls. Mr. President, if it is in order, T would like to submit a
report from the committee on phraseology and arrangement.

The President. The Chair would state that it is in order. Unless there
are further resolutions to be offered, reports from standing committees will
be in order.

Mr. Ingalls. Mr. President, I wish to submit the following report, in
behalf of the committee on phraseology^ and arrangement:

The committee on phraseology and arrangement having had under con-
sideration the articles on "education" and "public institutions," respect-
fully submit the following

report.

In section 1 strike out as far as the word "shall" in fifth line, and insert
the words, "The State Superintendent of public instruction." In line
eighth strike out first word "shall." In lines eight and nine strike out
"shall be provided," and substitute "may be prescribed." In line nine strike
out "county" and read "a." In line ten strike "also."

In section 2 line five, strike out "other."

In section 3 line two, strike out "hereafter." In line ten strike out and
substitute so as to read as follows: "Estates of persons dying without will
or heir." In line eleven strike out "also."

In section 4 lines two and three, strike out all between "funds" and
"shall"; change "of" to "to." After provided, read as follows: "that no
school district in which a common school has not been maintained at
least three months in each year shall be entitled to receive any portion of
such fund."

In section 5 lines three and four, strike out "an election authorized by
law," and insert "a general election." In line five, for "an" read "for."
In last line strike out "per centum" and read "rate."

Section 6 hne one, for "the" read "all." Line three, strike out "and."
In hne four, for "owners" read "ownership." In line eight, strike out
words "collected in the several counties." Strike out all after word
"schools" in line sixteen.

Section 7. For "provisions" read "provision." Transpose and read as
follows after "establishment," "at some eligible and central point," &c.
After literature insert "and." In line si.x, for "the" read "all." In line

432 CoNVEATioN Proceedings and Debates.

seven, lor "thut may arise/' read "arising"; for "rents or sale," read "sale
or rents." In line eight, strike out "the" and the words "that may be."
In line ten, for "any" read "all." In line eleven, strike out "which may
be made." In line thirteen, strike out "be and."

In section 8. In line two strike out so as to r§ad "ever control any."
In line three strike out "funds."

In section 9 line five read "of the university lands and the investment
of all funds arising from the sale or lease thereof." In line six strike out
[*320] "any." In line eight strike *out "all," and all after the word
"business."

PUBLIC INSTITUTIONS.

Section 1 hue four, strike out "always." Line five, strik(; out "and be."

Append last clause of .section two to read as follows: "Trustees and
superintendents of all lienevolent institutions shall be nominated by the
Governor and confirmed by the Senate, and upon all such nominations the
question shall be taken by yeas and nays, which shall be entered upon the
journal."

Section 2. Read "A penitentiary shall be established, the directors of
which shall be appointed or elected as prescribed by law."

Section 3 line first, strike out all between "shall" and "that" in line
two, and read "shall fill any vacancy."

In section 4 line two, strike out "in some suitable manner," and insert
"as may be prescribed by law." In line six, strike out all after "society."

The report lies on the table, under the standing rule.

A NOTARY PUBLIC.

Mr. McDowell. Mr. President, I don't know whether to submit my
])roposition in the shape of a resolution or a motion. I will offer it in-
formally as a motion, that the committee on investigation be authorized
to employ a notary j^ublic, to take testimony imder oath.

The yeas and nays were demanded, and being ordered and taken, re-
sulted— yeas 48, nays 0 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Brown, Baitou, lUaris, J. Blood.
N. C. Blood, Crocker, Dutton, Foster, Forman, Graham, Greer, Griffith.
Hip])le, Hubbard, Hutchinson, HauM-ay, Hoffman, Houston, Kingman,
Ijillie, Lamb, Middleton, Moore, McDowell, McCune, McCullough, Pres-
ton, Palmer, Parks, Porter, Ritchie, Ross, Signor. Slough, Stinson, Stiar-
walt, Stokes, Simpson, Townsend, J. Wright, WrigleN-. T. S. Wright,
Williams--4S.

Nays— ().

So the motion was agreed to.

Mr. Slough. Mr. President, in order to give this committee time to ac-
complish this object, and the committee on phraseology and arrangement
time to do business between this anrl the afternoon session, I move the
Convention adjourn.

The motion was agreed to.

The Convention accordingly took a recess till 3 o'clock.

Friday, July 22, 1859. 433

AFTERNOON SESSION.

The President called the Convention to order at 3 o'clock.

Mr. Stinson. Mr. President, I move that the Convention take a recess
for one hour to permit the committee on Investigation to proceed with
their labors and make a report.

The motion was agreed to.

The Convention accordingly took a recess till 4 o'clock.

The President called the Convention to order again at 4 o'clock.

A'r. Stinson. Mr. President, I move that the Convention take a
further recess of an hour to allow the committee on Investigation to finish
their labors.

Mr. Blunt. Will the gentleman withdraw his motion for a moment.

Mr. Stinson. Yes, sir.

Mr. Blunt. Mr. President, I offer the following resolution.

"Resolved, That the committee appointed to investigate charges of cor-
ruption on the part of members of this body, in reference to the location of
the capitol, be instructed to inquire into all other matters of fraud and
corruption that are in any way connected with the action of this Conven-
tion, and have full power to send for persons and papers for the same."

The resolution was agreed to.

Mr. Thacher. Mr. President, I hope this Convention will not adjourn
any further on account of this matter. Let the committee pursue their
work at some other time. I think the time of the Convention can be much
better occupied than waiting on that committee. It is lifting the matter
into a notoriety it does not deserve. Let us go to work.

[*321] *Mr. Stinson. I move that the Convention do now adjourn.

The motion was rejected.

ORDINANCE.

Mr. Ingalls. Mr. President, I beg leave to submit a report from the
Committee on Phraseology and Arrangement.

Mr. Thacher. I would enquire whether we have any further reports
from that committee before us?

Mr. Ingalls. I think there is one not acted upon.

Mr. Thacher. I move to take up their report on ordinance.

The motion was agreed to by consent.

Mr. Parks. Mr. President, as chairman of the Committee on Investi-
gation I ask leave for that committee to sit during the session of the Con-
vention.

The leave was granted by consent.

Mr. Thacher. I move the report be taken up section by section.

The President. Unless objection be made the report will be so taken
up and considered.

The committee amendments to the several articles were severally read
and adopted.

The article on ordinance, as amended by the committee, was then
adopted as a whole, and referred to the Committee on Phraseology and
Arrangement for arrangement and enrollment — under the rule.

28 — 778

434 Convention Proceedings and Debates.

education.

Mr. Kingman. Mr. President, I move that we take up the report of
the committee on Phraseology and Arrangement on the education article.

The motion was agreed to by consent.

The committee amendments were read section by section.

^'r. Palmer. Mr. President, I move to reconsider the vote by which
section 5 was adopted. My. object is to give power to provide for the sell-
ing of these lands.

Ui)on a di%-ision of the House the Secretary reported — affirmative 7,
negative 11.

The President. A quorum has not voted. Will gentlemen please to
vote ?

The motion was rejected — affirmative 9, negative 16.

Mr. Wrigley. I propose an additional section, to be numbered section
10, as follows:

"Section 10. Nothing in this article contained shall be so construed as
to mean that the people are to be taxed to support negro schools, or that
negro or mulatto children are to be enumerated in the d'stribution of
school funds — and it is expressly provided that "neither ne^o nor mulatto
chiVlren shall be educated in the schools provided for in this article."

Mr. President Winchell. (Mr. Thacher, the President pro tern., in
the Chair.) I believe the subject embraced in that section has been
before acted upon by this Convention and hence is not in order.

Mr. Wrigley. It has never been raised in this shape.

Mr. President Winchell. Two substitutes have been acted upon
precisely similar, and according to all rules of order —

The President pro tempore. The Chair will state that one nearly iden-
tical was stricken out and therefore this matter cannot be reached without
a motion to reconsider.

Mr. President Winchell. I would inquire whether the Chair sus-
tains ray order?

The President pro tempore. It does.

]\'Ir. President Winchell. I move then that the article be adopted as
a whole.

The article on education as amended by the Committee on Phraseology
and Arrang-ement was then adopted as a whole; and, under the rule, re-
committed for arrangement and enrollment.

Mr. Ingalls. I moA-e that the Convention do now adjourn.
The motion was agreed to.

The Convention accordingly adjourned till to-morrow mornmg at 8
o'clock.

[*322] *SATrRDAY, July 23, 1859.

The Convention met at 8 o'clock, a. m.
Prayer by the Chaplain.

The absentees on roll-rail were Messrs. Graham, Hoffman, Houston,
Jpn^ni's, Kingman, May, Preston, Perry, Simpson, Townsend and T. S.
WriTht.

The journal of yesterday was read and authenticated.

Saturday, July 23, 1859. 435

apportionment.

Mr. Blunt. Mr. President, I wish to inquire if the committee on
Apportionment are ready to report?

Mr. Preston. They are not ready. They have had several meetings,
and are not yet able to agree. They agree to disagree. I will state further,
that if the Convention would reconsider the resolution passed at an early
day of the session, instructing the committee to make single districts of
all the counties, they would very much facilitate our business. It is prob-
able that we could then agree, by invitini counties and giving floating
members. I would ask, in behalf of the committee, that that resolution be
reconsidered and rescinded.

The PREsmENT, pro tempore. The impression of the Chair is, that the
single district rule was stricken out of the bill.

Mr. Slough. In order to give the committee on Arrangement, and the
committee on Apportionment, an opportunity to prepare matter for the
Convention. I move that the Convention take a recess till 10 o'clock.

The motion was agreed to, and the recess ordered accordingly.

The President resumed the Chair at ten o'clock.

committee reports — skullduggery.

Mr. HipPLE subm.itted the following:

"Resolved, That all the committees of this Convention, excepting the
committee of Phraseology and Arrangement, and the committee on Ac-
counts, shall submit their accounts this afternoon at three o'clock, and that
the rule which requires all Reports to be printed be rescinded."

Mr. Blunt. I move to except the conmiittee on Skullduggery appointed
yesterday.

Mr. Burris. I move to except the committee on the Schedule.

Mr. Slough. Mr. President, we have heretofore from t-me to time
passed resolutions of a similar character, requiring the committees to re-
port at a certain time, and some of them have come forward and asked
for further time. We are now nearly ready to adjourn, and there is no
good reason why the committee on Schedule should delay their report.
It seems to me that we ouoht to require the observance of the rules we
adopt. We might adjourn by the middle of next week, if these reports
come in as they ought.

Mr. Burris' amendment was agreed to, and the question recurred on
the adoption of Mr. Blunt's amendment.

Mr. Parks. Mr. President, on the part of the investigating committee,
I would state, that last evening we had come to a resolution to submit
the evidence we have taken, without recommendation, to the Convention.
But one of the committee at that time spoke of other evidence thnt ought
to go into the report, and that decided us against reporting till Monday.
The evidence is complete as far as it goes; but the committee ask for
further time, upon this information of a member.

Mr. Stinson. I move that the committee be instructed to report the*
evidence in their possession at once.

Mr. Thacher. I am opposed to that, because I understand that there
is very material evidence to come in. And so long as we have raised the

436 Convention Proceedings and Debates.

committee, I think we ought to give them ample time. So long as the
Convention has appointed a committee to investigate alleged corruption,
their work should be thorough.

Mr. Stinson. If they are allowed to send messengers all over the Terri-
[*323] tory to hunt up *evdience, they will not be ready to report dur-
ing the session.

Mr. Slough. I have enquired of the chairman of the committee as to
who are the witnesses and what is the matter to which they are to testify,
and he tells me that he is not informed. Now it seems to me if there is
no better reason for delaying the report, the committee ought to be dis-
charged. If there is any specific witness not in town, whose testimony
is important, it might be reasonably postponed. But that it not alleged.
But I am informed that a partial report rr.ight be made now; and then,
if necessary, the committee could have farther time for the remainder.

Mr. BuRRis. Mr. President, it seems to me that this Convention
ought not to want a partial report. The committee have entered on the
dischare of their duties, and I, for one, am in favor of probing this
thing to the bottom. I desire that they should make a full and complete
investigation, and report. But, says the gentleman, we are desirous to
adjourn. There is no gentleman on this floor more anxious to do that
than myself; and I would not be in favor of allowing the labors of the
committee to interfere with the action of the Convention. But then,
there is no expectation that we can adjourn earlier than the middle of
next week. Then let the committee report on Monday. We want all
the facts — full and complete — that we may have a just action.

Mr. HipPLE. I would inquire whether any messenger has been sent
after witnesses?

Mr. Greer. Mr. President, I understood the gentleman from Leaven-
worth (Mr. Parks) to say to the House, that on yesterday they had com-
pleted their testimony and were ready to report. But that a suggestion
was made to the committee by a member, that other matters might be
gone into, and thereupon they postponed their report. But I understand
that the testimony is now complete, as far as any question has been be-
fore them; and that being so, I cannot see how gentlemen can refuse to
allow the report to come in, as desired by the other gentleman from
Leavenworth.

Mr. Parks. Mv. President, I did not say, that all the matters we have
had before us were complete. 1 stated that the report of the evidence
itself was perfect. But 1 understand from one of the committee that these
matters will all come up again — that there are other witnesses, and that
the whole case will all have to be gone over again.

Mr. Greer. Mr. President, I am not for stifling the matter, but that
everything should be brought before the Convention. I am perfectly will-
ing that gentlemen should have ample time, and that all ihe time of the
session should be devoted, if necessary, to bring the whole matter before
the Convention and the country. But it seems to me, that gentlemen can-
not be sincere when they protest, against the report at present, and allege
against us, the spirit of a desire to suppress investigation, because the
case furnishes no ground for a proposition of this kind. I do not see why
the committee may not report what has been already brought to lidit.
There is here, it seems to me, a disposition to stave off a certain question,
and every gentleman must see that the longer that is put off. the longer
will be the session. There are several questions — among which was that of

Saturday, July 23, 1859. 437

the temporary location of the Capital — that were postponed on yesterday,
till the report of this committee should be made — at least, so far as the
gentleman from Douglas (Mr. Hutchinson) was concerned. Now, if the
committee are ready to report in reference to the skullduggery of the
gentleman from Douglas, let them report that, and have leave to sit again.
That may be done legitimately; and, therefore, strictly speaking, there is
no reason for delaying the report.

Mr. Kingman. Mr. President, I cannot myself act intelligently on this
question, involving the reputation and rights of members and other parties,
till I have all the evidence. Nor have I made inquiry to ascertain how far
[*324] the evidence has ffone. So long as it is suggested *that there is
other evidence that may affect my judgment, I do not care to hear a par-
tial report. I do not understand the chairman of the committee as say-
ing, that the proposed evidence would not affect any particular question,
but that it would affect the whole matter. We have assumed to investi-
gate a grave charge; and now shall we have a report, when it is said there
is other evidence not yet taken, which may affect the whole investigation?
The only object should be to induce a just decision.

Mr. Stinson. Mr. President, we do not know what the report will be
till we hear it. As I understand the case, it is charged, that a certain
member from Douglas county had attempted to corrupt another member
of this body. Now, let the report come in, and let either of these gentle-
men show to the Convention that he requires further time, and ro man
will be more wiring to grant it than I. I do not want to see the Conven-
tion adjourn without a report and decision upon this matter.

Mr. Blunt. Mr. President, I protest against any action that will
prejudice parties. I thought I could see sharp practice contemplated at
the time the resolution to raise this committee was introduced. And being
convinced that it contemplated prejudice against a certain locality for the
temporary seat of government, I proposed to amend the resolution so as
to require the committee to extend their field of operations, that they
miTht investigate all matters of fraud and corruption ha-ving relation to the
action of this body. And now I perceive that those gentlemen who were
at first in favor of raising this committee on Skullduggery, when they see
it is likely to implicate other parties, and bring out other evidence of fraud
and corruption, not exactly connected with the question of the distribu-
tion of "corner lots," they propose to stave off action. Sir, I protest
against that. If we have gone in for it, let us have a full and fair investi-
gation of all the facts. I think T can see a little sharp practice this morn-
ing. I think, that, upon the heels of receiving this report, which, in its
character, must be ex p::rte, there will be an attempt to rescind the resolu-
tion we passed yesterday to postpone the fixing of the seat of government;
and while that ex pnrte report is before the minds of members, they will
propose to go into the selection of the temporary seat of government, and
so avail themselves of all the erroneous and prejudicial impressions which
this partial report may produce. I protest against such action, sir. I
think it comes with an ill grace from those who were so fearful of being
. contarrunated by evil associations as to raise this committee, now, when it
is proposed to investigate all the evidences of fraud and corruption, to
•strive to stave off investigation I

Mr. McDowell. Mr. President, the gentleman's remarks seem to be
entirely gratuitous. The motion under consideration does not contemplate
anything in the nature of that which the gentleman charges. It is simply

438 Convention Proceedings and Debates.

to have the evidence in the cause upon which the committee was raised, re-
ported to this body — that is, whether a member from Douglas county had
attempted to bribe another member upon this floor. The chairman of the
committee suggested, that so far as that charge was concerned, they were
ready yesterday to report. As to the other branch of the resolution, that
testimony should be taken on other charges, no gentleman has desired to
abridge that. This side of the House voted for it; and this side of the
House still proposes to carry out the investigation. But this branch of the
resolution certainly did not propose, that the House should be delayed in
relation to that other and very grave charge about which testimony has
been closed and the committee are ready to report. I say, sir. that the re-
marks of the gentleman from Anderson are not warranted by anything
that has been done in Convention — that they are gratuitous and untrue.

Mr. Parks. Mr. President, my collea^-ue (Mr. McDowell) is sightly
mistaken. The gentleman from Lykins (Mr. Simpson) remarked to the
[*325] committee that he had been informed *of certain evidence that
was material to the charges. He did not say whether it belonged to the
charges against the trentleman from Douglas (A^r. Hutchinson), or whether
it belonged to the Boundary question, the Capital question, or what.

Mr. Blunt. Mr. President, I have stated nothing, here as a mere
matter of fact, but merely gave my own impressions; and the conclusions
I had come to from certain engineering and manoeuvering scenes here
yesterday: and I think I have a right to come to such conclusions. I
stated nothing as a fact. Hence the charge of the gentleman that my
statements were untrue, can have no effect. I am certainly allowed to
judge of the motives of gentlemen by their actions. In relation to the
seat of government, I will say, that I am willing now to go into the se-
lection without any report at all. I am willins, either that the resoUition
of yesterday should be reconsidered and rescinded, or that it should re-
main till the committee shall have had time to report. But I do not
want to go into the selection of the seat of government upon a partial
report of these matters, because I think it would be placing parties in
an embarrassing condition, and prejudice their interests.

Mr. Thacher. Mr. President, the history of this thing is singular,
and would pay to be written out. In the first place, a paper that I never
saw, was quietly circulated in the House, purporting that the member
from Douglas (Mr. Hutchinson) had offered to bribe a certain person
whose name was afffxed to the paper, and it was used very industriously
here as an argument why Lawrence should not be the seat of' government.
My excellent and somewhat earnest, enthusiastic, ardent and erratic friend
from Shawnee (Mr. Ritchie) threw out some remarks on the subject.
This was followed by the proposition from_ the gentleman from Leaven-
worth (Mr. Slough) to raise a committee of investigation upon the allega-
tion that the Douglas member had sought to bribe another member to
vote for Lawrence, as the capital, setting forth, that, whereas a certain
delegate has sought to bribe a member upon this floor —

Mr. Parks interposing. I do not like the line of argument the gentle-
man is pursuing, when he knows that I have told him that in the first,
resolution there was a mistake.

Mr. Thacher. Mr. President, I have given a true history of the case
so far. And immediately upon the heels of that resolution, a gentleman
deeply interested in the location of the Capital at Topeka, arose and
moved that the Convention proceed to the temporary location of the seat

Saturday, July 23, 1859. 439

of government. I submit now, whether that motion was the fair thing:
immediately after having thrown out the grave charge indicated in the
resolution of the gentleman from Leavenworth, with which this question
was connected — I submit whether it was fair to make a motion then to
go into the selection of the seat of government. However, the Convention
entertained the gentleman's resolution. Then I rose and stated, that, as
it had been charged that the gentleman from Douglas had been trying to
bribe another member, I would propose a substitute for the gentleman's
resolution, submitting the entire question to the people, thereby indicat-
ing most clearly and unmistakably that we in Douglas county were per-
fectly willing to submit the entire question to the people. And, sir, it is
known to every gentleman here how this proposition of mine was met —
dodged I will say — for finally the whole question was postponed till we
could hear from this committee of investio-ation. I knew there were other
things in the case besides the simple charge against the delegate from
Douglas county. I therefore offered the resolution that the conimittee be
instructed to inquire into all charges of fraud connected with this location
of the Capital. I apprehend that instead of confining the committee to
the single charge against the gentleman from Douglas county, it were
better to investigate the whole matter, and I therefore offered the sub-
[*326] stitute, and it became *as though the original resolution had con-
tained what I submitted as an amendment, and it was made the duty of the
committee to investigate all charges of fraud in connection with the loca-
tion of the Capital. And now it is proposed to have a partial report, in
order that the jury may have only half the matter before them. For if
rumor be true, there will be as much evidence against other towns as have
been alleged against Lawrence. I apprehend, that when political consid-
erations are offered for a man's vote, the inducement is as great as though
a "corner lot" were offered, and I cannot perceive any difference as to
principle between them. This committee was not raised by the Republi-
can members, but by the other side. And all we ask, now, is, to let the
committee get all the evidence they can. Do not try to get a partial re-
port, to prejudice action in the case. Let us see precisely how much treat-
ing and bartering has been gone into here. But I protest against gentle-
men, after having raised their committee for a specific victim, and after
having found that they have caught a Tartar, trying to forestall the action
of that committee. I say to you, gentlemen, give them time to hear the
case. You raised the committee for your own purposes: do not try to
forestall their action because it is not likely to result as you desire. The
principle upon which you are proceeding is unfair; for the motion betore
the Convention abandons the whole matter of the charge. Let us see
whose votes have been influenced by political considerations, as well as
who has been proposing to buy votes out and out, by the offer of "corner
lots." In either case there is a great sacrifice of principle, and I think
the former is the greater of the two. Let us have a full investigation.

Mr. Ritchie. Mr. President, in the first place I must thank the gentle-
man from Douglas (Mr. Thacher) for his compliment toward me per-
sonally. I shall, as far as possible, proceed directly to the \dndication of
myself in this case — giving my recollection of all that has come before us
in reference to this Capital question. My friend from Douglas (Mr.
Thacher) has a brother, who is the publisher of one of the leading papers
of the RepubUcan party in the Territory. I have a communication from
him, charging that he had heard that the Topeka delegation had "sold
out to the northern annexationists" — and if any gentleman desires the
document, it is here and can be seen and read.

440 Convention Proceedings and Debates.

Mr. N. C. Blood. Mr. President, I object to hearing personal explana-
tions.

Vv. Ritchie. I desire, sir, not to be placed in a position that would
sacrifice Republican principles for any consideration whatever.

Mr. Thacher. I have no objection to the reading. But I would correct
the gentleman. The writer is my cousin — not my brother.

Mr. Ritchie. Mr. President, I am in for probing corruption to the core.
I ask no favors. Let the scorn of all my friends fall upon any individual
who goes about bribing by fraudulent and corrupt influences. Let it fall
as hard upon Topeka as upon Lawrence, if found guilty.

[The paper was read — of which the Reporter has only the following
sketch] :

"Republican Office, K. T.

July 15, 1859.

My Dear Sir, — I have heard it stated that the Topeka delegation are
all going for the annexation of Southern Nebraska. I sincerely trust this
is not so. No measure could be more fatal to Republican interests in Kan-
sas," &c.

Mr. Ritchie. The Topeka delegation, sir, have voted upon this ques-
tion straight against annexation — every man. And it is well known to the
Convention, that I held up this right arm, saving. Rather than have the
Administration at Washington to come in and control us here by such a
vote, it should fall. We all recollect. And that th's slander, deep, black
and damning, was only refuted by that speech. So deep and black was the
stain fixed, that nothing but my vote and speech could restore to me again
the post of honor, and honorable standing in this Convention. Sir, when
[*327] Repub*lican members attempt to make a drive at my honor,
I feel that it [is] as much a murder to be killed by a Douglas county man
as by a Leavenworth county man. Sir, I must be consistent. In my
first speech here I said, that my sense of patriotism made me here a
representative for all parts of the Territory — that I should spread my-
self all over it — if it was but "a spreading" like that of poor Frank
Pierce. (Laughter.) I want the capital located at Topeka. I am not
going to skulldug anybody about that. That is so, distinctly. And,
under the circumstances, I do not believe that any member of this Con-
vention could do an act of more strict justice than to fix it at that
point. This opinion is honest. I settled there at Topeka four years
ago, and I settled there with a view to such a Ication. I settled there
long before my friend from Douglas ever saw the Territory. It was after
the Republican radicals had driven back the enemy, that he came on
here in all his glory, without the shedding of one drop of blood. I was
located here before he came here to talk so eloquently about those scenes
of blood. I have seen the blood run, sir, poured out from the hearts of
men who laid down their lives for freedom, and now I must be sacri-
ficed— my honor mjust be put down in order that Lawrence may triumph!
Sir, I'd see her in hell first! (Lansrhter.) I ho'ieve, sir, that every dele-
gate from Douglas coimty, save Thacher, is willing and anxious that that
delegation may not suffer under this damning allegation of perjury, but that
they are as anxious as other members to fasten the odium upon the man
that is guilty — and if Thacher was knowing to the act, he is as guilty as
any other man. And when I saw that "bribery" article in the Lawrence
Republican, I took him the paper, and asked him for an explanation. But
he would not give it. I told him that I had certificates in my possession,
and he knew it. I shall go for the deepest investigation by this committee,

Saturday, July 23, 1859. 441

and I hope time Will be granted to them. I do not want to make capital
on partial evidence. That would be to make double capital — and Thacher
knows it.

The President. The gentleman from Shawnee will observe, that it is
not in order, on the floor, to call gentlemen by their proper names.

Mr. Ritchie, I ask pardon, sir.

Mr. Thacher. Mr. President, I shall be careful to avoid anything of
that sort. I will simply say to the President of the Convention, that he
might have discovered something of this character in my reference to the
gentleman from Shawnee (Mr. Ritchie) as my ardent, enthusiastic, but
somewhat erratic friend. But the gentleman has given an exhibition ol
these characteristics. And all these things have force in them! It is an
argument that the capital should be located at a certain point, because the
gentleman from Shawnee has lived there four years! And because a point
of honor with that gentleman is involved, the whole people are to be
called upon to vindicate his honor by a particular location of the capital!
As far as his charges are concerned, I have simply this to say: that the
same gentlenian who brought the article to me, stated at the same time that
it was charged that the Lawrence delegation had gone into a AJnneola
scheme, and agreed with me that all these things ought to be esteemed un-
worthy of mention in this body, but that it was better to let the com-
mittee pass upon all — not stifle anything. I admit the force of the argu-
ment of a residence for four years — looking to the location of the capital!
A man's honor, also, is a matter of grave consideration in connect'on with
the location of the capital! But I do insist, also, that the people have to
determine this matter; and it is possible that some of the people of the
northern and southern portions of the Territory have never yet so much
as heard of the gentleman from Shawnee and his four year's residence in
Topeka! or that his honor was at all involved in this question! But, Mr.
President, let us keep this discussion to the point before us. And
[*328] *I repeat, let none try to stifle investigation. I am willing to
see the reputation of my coMeague and my constituents in the broadest and
fullest light that can be thrown upon it. And since the slur has been
again thrown out that the Douglas delegation have sold themselves, I wish
to state my conviction that when the facts shall come out, it wiU appear
that the Lawrence delegation have refused greater inducements to corrup-
tion as to this question than any delegation on this floor. It will be seen
and known, that the Douglas county delegation have planted themselves
upon principle — that there has never yet been room for a doubt or query
as to whether the Douglas county delegation were going to deflect from
the straight line of duty. I think it has been already sufficiently found
out that we were unwavering. But let all the facts come out !

Mr. Slough. Mr. President, I submitted some remarks a few moments
ago, upon the presumption that nearly all the testimony that would be
gathered had been presented to the committee; but I am now satisfied,
after hearing the remarks of gentlemen, that this investigation has not
yet been completed; and as there seems to be an almost unanimous feel-
ing to have a full investigation of the matter, I move to lay on the table
both the original resolution and the pending amendment.

The yeas and nays being demanded and taken here, resulted — yeas 42,
nays 6 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Brown, Barton. Burris, J.
Blood, N. C. Blood, Crocker, Dutton, Graham, Greer, Griflith, Hinple, Hub-
bard, Hutchinson, Hanway, Hoffman, Ingalls, Lillie, Lamb, Middleton,

442 Convention Proceedings and Debates.

Moore, McDowell, McClelland, McCuUough, Preston, Parks, Porter,
Ritchie, Ross, Signor, S'ough, Stiarwalt, Stokes, Simpson, Thacher, Town-
send, J. Wright, T. S. Wright, Williams— 42.

Nays — Messrs. Foster, Houston, IVIcCune, Palmer, Stinson, Wrigley — 6.

So the subject was laid on the table.

location of the seat of government.

Mr. Grahaini. Mr. President, I move to reconsider the vote of yester-
day postponing the order for the selection of the capital till after the re-
port of the investigating committee.

And the yeas and nays being demanded, ordered and taken on this
question, resulted — yeas 27, nays 22 — as follows:

Yeas— Messrs. Brown, Barton, Foster, Forman, Graham, Greer, Grif-
fith, Hippie, Hubbard, Hovston, Kinsman, Li''ie, Lamb, Midd'eton, Moore,
McDowell, McCune, McClelland, Palmer, Parks, Porter, Ritchie, Ross,
Slough, Stinson, Stiarwalt, J. Wright— 27.

Nays — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Dutton, Hutchinson, Hanway, Hoffman, Ingalls, McCuUougb,
Preston, Signor, Stokes, Simpson, Thacher, Townsend, Wrigley, T. S.
Wright, Williams— 22.

So the vote w^as reconsidered, and the question recurred again on the
adoption of the resolution.

Mr. Greer. I now offer a substitute for the whole matter.

The President. The position of the question is this: the resolution
was originally offered by the gentleman from Shawnee (Mr. Greer). A
substitute for it was offered by the gentleman from Douglas (Mr.
Thacher). The ruling of the Chair then was, that he should hereafter re-
gard all substitutes in the light of amendments. The resolution of the
gentleman from Shawnee having been amended, by the substitute, is itself
an amendment.

Mr. Greer. I propose to withdraw the resolution.

The President. The Chair is of opinion that the gentleman cannot
withdraw the resolution. It has been the subject of amendment in the
hands of the Convention, and so has gone beyond the power of the gentle-
man to withdraw it, without the consent of the body.

Mr. Greer. Then I offer the following as an amendment to the amend-
ment of the gentleman from Douglas:

"Resolved, That the seat of government is hereby temporarily located
[*329] at the city of Topeka, Shawnee county, until removed by a *ma-
jority vote of the electors of the State, in pursuance of law."

Mr. Thacher. Mr. President, I should like — although this really will
involve the question whether we are willing to submit the temporary loca-
tion to a vote of the people — to have the entire question submitted to the
people altogether, and that the gentleman would withdraw and let us have a
cUrect vote. But if the purpose is to forestall the people, gentlemen should
remember that this action cannot change the question before the people.

Mr. Greer. Mr. President, this proposition contemplates a mere tem-
porary location of the capital, until the meeting of the Legislature under
the Constitution — leaving the whole subject to be submitted to the people
by the first Legislature — taking the right of location from the Legislature,
itself independent of the vote of the people. It is, to all intents and pur-

Saturday, July 23, 1859. 448

poses, a submission of the question to the people. It is a provision that it
shall not be fixed by any other authority than the voice of the people.
The attempt of the gentleman to show that this proposition takes away
from the people the right to locate the capital, is not sustained by the prop-
osition itself.

Mr. Thacher (in his seat). The argument is not worth a fig, for we
are only fifty-two and the Legislature is composed of an hundred mem-
bers from all parts of the State.

Mr. Blunt. Mr. President, I wish to offer for adoption this amend-
ment, as a substitute — for final action.

The President. The proposition will still be subject to amendment
after the vote.

Mr. Blunt. If the amendment of the gentleman from Shawnee should
prevail, could a substitute be offered?

The President. It would be subject to further amendment.
Mr. Arthur. Mr. President, if we adopt this, is Topeka then the seat
of government?

The President. This is not a final vote? The proposition might still
be amended.

Mr. Slough demanded the yeas and nays on Mr. Greer's amendment,
which having been ordered and taken, resulted — yeas 26, nays 23 — as
follows :

Yeas — Messrs. Brown, Barton, Button, Foster, Forman, Greer, Griffith.
Hippie, Hubbard, Houston, Middleton, Moore, McDowell, McCune, Mc-
Clelland, Preston, Parks, Porter, Ritchie, Eoss, Signor, Slough, Stinson,
Stiarwalt, J. Wright, Wrigley — 26.

Nays — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Graham, Hutchinson, Hanway, Hoffman, Ingalls, Kingnvan.
Lillie, Lamb, McCuilough, Palmer, Stokes, Simpson, Thacher, Townsend,
T. S. Wright and Williams— 23.

So Mr. Greer's amendment was adopted, and the question recurred on
the resolution as amended.

Mr. Blunt. Mr. President, I offer the following amendment by wa>-
of substitute:

Resolved, That at the election to adoi)t or reject this Constitution, the
electors shall inscribe on their ballots the place of their choice for the tem-
porary seat of government, which vote shall be returned and declared in
like rnanner as the vote for and against the Constitution: and the place
receiving the greatest number of votes shall be the temporary seat of gov-
ernment; and then the first Legislature that shall assemble under this
Constitution, shall provide by law for submitting to a popular vote the
question of a permanent location of the capital of Kansas; but no point
shall be declared the permanent capital vmtil it shall have received a ma-
jority of all the votes cast at some general election.

Mr. President, I may say that I disclaim having any feeling in th<>
matter of the location of the seat of government ; but I do not hesitate to
say that if the choice of location lay between Topeka and Lawrence, I
[*330] should vote for Lawrence without the *offer of any "corner lots,"
because I believe that in doing so, I should subserve the best interests of
the people I represent. I know that their choice between these two points
would be Lawrence. I regret that there is so much feeling on this subject

444 Convention Proceedings and Debates.

as we have seen manifested here in the last two or three days. And I am
admonished that if we locate the temporary seat of government at any
point, under the present excited state of feeling — after all that has been
said outside of the Convention, and by the local presses representing the
interests of these two points — that it will cast a stigma upon this body,
and upon the whole Constitutional movement. It will enter into the can-
vass and hurl criminations and recriminations on either hand. It will enter
into all our nominations for State and county officers. I am admonished
that we are here engendering a fruitful source of difficulty for the future.
Then why not trust this matter with the people, who are the source of all
political power, and thereby rid ourselves of all the odium that might at-
tach to this body in consequence of charges of corruption and fraud that
will be hurled against us? I am willing to trust the people. I do not
think that the mere temporary location of the seat of government for one
or two years, or during a single session of the Legislature, is worth the
contention we are making, or which certain parties are making in this
Territory. We all agree that the matter of the permanent location of the
seat of government should, and will be, submitted to the people. We are
providing now only a sitting place for the first Legislature. WTiy not,
then, submit the matter to the people, and take it for granted that the
point which gets the highest number of votes will be some point that is
accessible, and where ample accommodations can be had — I care not
whether it be Lawrence, Topeka, or Leavenworth — and then let the Legis-
lature provide for the permanent location by the people And if I were to
suggest a programme for the permanent location of the seat of govern-
ment, I would provide that the people should have three trials; that at the
first election every point might be voted for, and if no point received a
majority of all the votes, at the second election I would take the three
highest on the former trial, to be voted for; and if neither of these re-
ceived a majority, then at the third election the selection should be made
between the two highest at the second trial. This arrangement would be
fair. No one could complain against it. There is another argument in
favor of the submission which I propose in my substitute. It is desirable
that we should call out as large a vote as possible upon the occasion of the
election for the adoption or rejection of the Constitution, and I propose
that, not a majority, but a plurahty of votes shall decide the point; be-
cause it is pretty well understood, I believe, that we would be left with-
out a temporary seat of government if a majority were required, and all
points were left open to the contest. And I am not in favor of the propo-
sition of the gentleman from Johnson, that we should ballot, and the two
points having the highest number of votes in the Convention should be
voted for by the people. I am not in favor of that kind of squatter
sovereignty. If I tender squatter sovereignty, I want it presented per-
fectly free and untrammelled. That you shall exercise your choice, pro-
vided you vote for one of two places we name, is the exercise of no sover-
eignty at all. I conceive that my proposition is fair and honorable, and
one which does away with every possibility of unfairness or skullduggery;
and I do not see how any member who is willing to dispose of this matter
in a fair and honorable way, and who is willing to succumb to the will of
the people, can refuse to accept it. But, if gentlemen refuse, and are de-
termined by a combination to locate this capital at any point, they will
[*331] find to *their sorrow that the disadvantages growing out of it
hereafter, will be greater than all the temporary advantages likely to accrue
from this temporary location. I hope gentlemen will consider these mat-

Saturday, July 23, 1859. 445

ters, and let us retire from this hall and go home with some little credit
and respectability.

Mr. HiPPLE. Mr. President, I am very much obUged to the gentleman
from Anderson (Mr. Blunt) for his care and concern for us as members of
this body, in connection with our action on this question, and desire only
to say to him that I shall vote for the temporary location of the capital
at Topeka, and most willingly take the responsibility of that vote. The
people have voted twice on the cjuestion of the location of the seat of
government, and by an overwhelming majority have both times given
Topeka as their choice.

Mr. GuEER. jVIr. President, I would like to place myself right in refer-
ence to the question of referring this to the people. I cannot see how m}'
proposition is a refusal to submit the location to the people. It is. to be
sure, not the proposition to make this temporary location by the people, but
by their representatives. We are attempting to inaugurate here a repre-
sentative government. Not a government of officials elected by a plurality
of the people. The plurality system is not the system we want, but the
majority system. Then this substitute of the gentleman from Anderson
(Mr. Blunt) is not to submit the temporary location of the seat of govern-
ment, except so far as it would be located by a, plurality of the votes of the
people; and less than half the voters might locate by his proposition;
whereas, under my proposition the representatives of the people have a
voice in it. So far as we are charged with bribery, corruption, bargain and
sale in connection with this question, I am willing to meet that at any time,
here or elsewhere. I am willing to see the State Capital temporarily
located by the people's representatives, and I greatly prefer it to the
plurality sj'stem. For there is no argument that might be used in favor of
it in this case, that would not apply to the election of the state officers, and
I see no basis for objection to this resolution of mine; for it does submit
the question to the people at the proper time. Then asain; the people do
not expect that we shall now submit this question of the temporary loca-
tion of the Capital to them — and we could not do it, ^\^thout having some
two, three or four elect'ons on the subject. It is according to the spirit of
our institutions, that the representatives of the people shall decide every
question that cannot be submitted to the people themselves.

IN^r. Wricley. iMr. President, I shall vote for the temporary location
of the capital at Topeka, because it is the almost unanimous desire of the
constituents whom I in part represent — probably ninetj'-nine out of every
hundred without distinction of parties. It is in fact part of our des're for
a State government to have a temporary location of the seat of govern-
ment. But I desire that the voice of the people should be heard whene'-er
the permanent location is to be made. I am as much in favor of that, per-
haps, as any gentleman on th's floor. I could not support the amendment
of the gentleman from Anderson (Mr. Blunt) because it necessarily in-
volves the plurality principle, and in submitting this temporary location
to a vote of the people, it must be manifest to every mind, that verv lively
one-tenth of the voters of Kansas might fix the capital. Those H\ang near
Lawrence, will vote for Lawrence; those living near and preferrins Topeka,
will vote for Topeka; those living near and preferring Manhattan, will
vote for Manhattan; those preferring Leavenworth, will vote for Leaven-
worth, and so of all the towns in the Territory. The amendment provides
that the place bavins the highest number of votes shall be temporari'y the
carit.il, and so it might be that not one-tenth of the whole number of votes
[*332] *would be cast for the location. But, if the gentleman were to

446 Convention Proceedings and Debates.

amend his proposition, and say a majority of the votes cast shall be neces-
sary to make the location, then in all probability there would be no place
fixed upon. Now, it occurs tQ me, that, in some respects, this body is a very
fair representation of the people of Kansas, and that we can safely con-
sider ourselves as representing the people so far as the temporary location
of the capital is concerned. So far as this question of fraud is concerned,
if it should ever be brought up, I shall be ready to meet it.

Mr. Blunt. Mr. President, I desire to say a word in reply to the gen-
tleman from Shawnee (Mr. Greer) and especially to his remarks upon his
proposition and mine, in regard to the permanent location of the seat of
government, and which remarks, I think, are calculated to mislead the
minds of members of this convention. Those who have paid attention to
these propositions, will observe that there is a material difference between
them relative to the permanent location of the seat of government. My
proposition is, that the Legislature first assembled under this constitufon
shall provide for the submission of this question to the popular vote. That
is made imperative. The first part of the proposition only provides for the
temporary seat of government, which is a matter of minor importance.
There is this difference between his proposition and mine. Wh'lst my
proposition makes it imperative on the part of the Legislature at its first
session to provide for the permanent location of the seat of government —
his proposition does no such thing. But then again, the temporary location
cannot be removed without the concurrence of a majority of all the votes
cast. What then is the practical result under the gentleman's proposition?
Why, the first Legislature may see proper to let the seat of government
remain at Topeka, and defer any proposition for a re-location to succeed-
ing years. They might conclude that the location is a good one — and,
there being no action of the people requiring the question to be submitted,
perhaps a few "corner lots" might induce them to let it rest at Topeka, and
thereby defeat the will of the people for an opportunity to vote upon the
question. I ask gentlemen to look at these distinctions. I want to leave
nothing open for "skullduggery," and operations by means of "corner lots."

Mr. Slough. Mr. President, believing that no further light can be shed
upon this question, I insist upon the previous question.

Mr. Blunt. We will have the yeas and nays on that.

Mr. Slough. I withdraw the demand.

Mr. Griffith. T, sir, am in favor of this convention setthng the tem-
porary location of the capital, but I would rather if it could be done in a
different way. I think the proper way is to resolve to proceed to ballot
for the temporary location, and continue to ballot till some one place shall
receive a majority of all the ballots. Whilst I am well confirmed in my
preference for the temporary location of the seat of government, that ques-
tion did not enter at all into my canvass. After the election was over, I
was asked where we should locate the capital? I replied, that I did not
know — I presumed cither at Lawrence or Topeka, but that my preference
was for Topeka. And since I have arrived here I have had no induce-
ments nor have I found any reason to change that preference. I th'nk 1
have a right to assume that I represent a majority of my constituents —
for the reason that heretofore two constitutions have submitted the ques-
tion of the location of the capital, and both times Topeka has been selected.
And whether I am correct or not in this judgment,! am established in it
[*333] firmly, notwithstanding my friend here has threat*ened rather
unfraternally to hold my action over me before my constituents. If we
submit this to the people, I want to know if the excitement and indirec-

Saturday, July 23, 1859. 447

tions and inducements employed here, will not be more employed before
the people? Will not dishonorable means be used, as it. has been insisted
they have been used here? and will not such an influence be much more
wide before the people? Why, who knows but by such means a single
county might locate the capital? I think, sir, we might be held as taking
the responsibility of such a result, if we were to take such a course. I
should not be disobliged on account of the location at any other point, but
my preference is Topeka — on account of location, nothing else.

Mr. Stiarwalt. Mr. President, for the last day or two I have heard
matter here that I did not expect. Of course, I expected that the State
Capital would be temporarily located by this body; and I should dis'ike
to go back and tell the people that we were afraid to do it — and I think
there is not a man here but would dis'ike to do so. I have no prejudice
against any particular locality. It would suit me to have the capital near
my place; but that might not suit the people whom I came here to serve.
Let gentlemen do as they please on this question — vote for Topeka if they
will because of that selection under two former constitutions ratified by
republican votes. My democratic constituents never made any objection
to that point; consequently, I am going to vote for Topeka. And I pro-
pose to vote by a viva voce ballot — so that every man may know each
other's votes.

Mr. Burnett. Mr. President, perhaps it would be well enough for me
to give the reasons for my action, especially since I cannot agree with my
colleague (Mr. Griffith). As far as I am concerned I have no very strong
preferences either for Lawrence or Topeka; and T know nothing certainly
of the preference of my constituents, but it is mv opinion, that a majority
of the people of Bourbon county would prefer Lawrence, from local con-
siderations. I am very well aware that my colleague and others have a
peculiar regard for Topeka, on account of associations in the past. I put
my preferences for Lawrence upon local grounds. Topeka, I admit, has
its merits on account of its associations with the struagle for a free state,
and so has Lawrence. But my reasons stated, and the behef that a ma-
jority of my constituents would vote that way, will carry my vote for
Lawrence.

Mr. Thacher. Mr. President, I perceive that we are outnumbered
here — that the location is given to Topeka. But I wish, after all, to take
the sense of the convention on the direct question, whether gentlemen dare
submit this question to the people. Gentlemen have attempted to show that
the people cannot lonate by a plurality — that it was against the repre-
sentative principle. But if that argument were worth anythinq:, it would
prove that gentlemen on this floor, who may not have received a majority
of all the votes in their district, are not therefore representatives of the
people. The argument is not worth a straw. The truth is, we ought to go
to the people with this question. That is settled. And the town receiving
the highest n\imber of votes should be the capital; and when gentlemen
try to set aside the correctness of this principle, they are trying to blind
their own eyes.

Mr. Griffith. Would you propose to make the permanent location by
a plurality vote of the people?

Mr. Thacher. T would have the capital established by law. But you
are binding up the hands of the Legislature. You dare not trust them
with this question, but you bind them up to specific conditions. There
would have been more fairness in it if vou had said, the seat of govern-

448 Convention Proceedings and Debates.

ment shall be temporarily located at Topeka, and then hereafter established
and provided for bj^ law. I know you have the power here, although I
[*334] believe you *are misrepresenting the people in this matter. I
believe that the entire south would prefer Lawrence. But now I have no
feehng in the matter. I am content, that the facts are to go forth to the
people. But I do say that the idea that you should specially plead here,
that this question submitted to the highest number of votes is no fair
representation, is most absurd. It is an argument even against the right
by which some gentlemen hold their seats on this floor. I projiose to leave
it all to the Legislature after the first temporary location by the people.

Mr. J. Blood. Mr. President, it has been urged that the submission of the
question to the people would not secure a majority. This has been used
as an argument against submission. But, as 1 understand the amendment
adopted, it locates the Capital at Topeka, until a majority of the voters
shall have voted for another place. The effect of that must be to fix the
Capital at Topeka for a number of years. I think that members might
hesitate, if they saw, as they must see, that the effect of their resoiUtioii, if
they adopt it as amended, must be to fix the location at Topeka for at
least three, or perhaps five years, or perhaps for a longer period.

Mr. Slough demanded the yeas and nays on Mr. Blunt's amendment,
and they were seconded and ordered, and, being taken, resulted — yeas 22,
nays 27 — as follows:

Yeas — Messrs. Burnett, Barton, Burris, Blunt, J. Blood, N. C. B'ood,
Crocker, Button, Hutchinson, Hanway, Hoffman, Ingalls, Kingman, L Hie,
McCuUough, Preston, Signor, Stokes, Simpson, Thacher, Towusend, Wil-
liams—22.

Nays — Mes.«5rs. Arthur, Brown, Foster, Forman, Graham, Greer, Griffith,.
Hippie, Hubbard, Houston, Lamb, Middleton, Moore, McDowell, Mc-
Cune, McClelland, Palmer, Parks, Porter, Ritchie, Ross, Slough, Stiar-
walt, Stinson, J. Wright, Wrigley, T. S. Wright— 27.

So the amendment was rejected; and the question recurred again on the
adoption of the resolution as amended by Mr. Greer.

Mr. Graham offered the following amendment, by way of substitute:

"Resolved, That the roll be called, and each member, as his name is
called, give the place he prefers as the point for the location of the tem-
porary seat of government; in case no place receives a majority of all the
votes cast on the first ballot, the roll shall be again called, confining the
vote to the four places having the largest number of votes; and if no choice
is made, the place having the largest number of votes shall be dropped,
and so on until some one place shall have a majority of all the votes cast."

Mr. Graham's substitute was adopted without a division.

Mr. Slough made an ineffectual motion to adjourn.

The question still recurring on the adoption of the original resolution,
as now amended by Mr. Graham —

Mr. Thacher offered the following amendment by way of substitute:

"The qualified electors shall vote, at the election held to adopt or reject
this Constitution, for Lawrence or Topeka as the temporary Capital, and
the one having the highest number of votes shall be temporary Capital
until changed by law."

The yeas and nays were demanded, and taken on this amendment, the
vote resulting — yeas 20, nays 29 — as follows :

Saturday, July 23, 1859. 449

Yeas — Messrs. Burnett, Blunt, N. C. Blood, J. Blood, Burns, Crocker,
Griffith, Hutchinson, Hanway, Hoffman, Ingalls, Kingman, Lillie, Mc-
Cullough, Signor, Stokes, Simpson, Thacher, Townsend, Williams — 20.

Nays — Messrs. Arthur, Brown, Barton, Button, Foster, Forman, Gra-
ham, Greer, Hubbard, Hippie, Houston, Lamb, Middleton, McDowell,
Moore, McCune, McClelland, Preston, Palmer, Parks, Porter, Ritchie, Ross,
Slough, Stinson, Stiarwalt, J. Wright, Wrigley, T. S. Wright^29.

So the amendment was rejected.

The Convention then took a recess till three o'clock, p.m.

[*335] *AFTERNOON SESSION.

The President called the Convention to order at 3 o'clock.

Mr. Slough. Mr. President, 1 move a call of the House.

The President. The Clerk will call the roll.

Messrs. Houston, May, and Perry were reported as absent.

Mr. Stinson. Mr. President, I move that the further proceedings in
the call be dispensed with.

The motion was agreed to.

The question being on the adoption of the resolution as amended by
Mr. Graham —

Mr. Burnett. Mr. President, I offer the following as a substitute
amendment :

Resolved, That this Convention proceed to the election of three com-
missioners, whose duty it shall be to centrally locate the permanent cajntal
of the State of Kansas; and that said commissioners be authorized to con-
tract and provide for the erection of suitable buildings at said location of
the value at least of two hundred thousand dollars free of expense to the
State of Kansas; and that said commissioners also provide that said build-
ings shall be completed within two years from the adoption of this Consti-
tution; said buildings to be subject to the approval and acceptance of
three commissioners to be elected by the Legislature of Kansas in jo-nt
assembly. Said first named commissioners shall also provide for temporary
accommodations of coming Legislatures (until the completion and accept-
ance of buildings above named), free of expense to the State of Kansas.

Mr. Burnett. This question has excited a great deal of interest in this
Convention. There are persons here from particular localit'es who are
very much interested; and if it is of so much pecuniary interest to these
towns it should be made so to the people of Kansas. It seems to me this
resohition will provide a way how our capital will be built free of exr>e"pe
to the people. In Vermont our old capital was destroyed by fire and this
course was pursued. I venture to predict that if we adopt [a] policy simi-
lar to the one proposed, it will save half a mi'l'on of dollars to the State of
Kansas. I hope the Convention will give this subject a calm and careful
consideration.

Mr. Foster. Mr. President, if I understand the proposition it is that
three commissioners shall proceed to seVct the grounds and erect buildings
for the future capital of this State. Under ordinary circumstances these
buildings could not be erected for three or four years. The amount of it is,
to take it out of the hands of the Legislature and give it to three commis-

29 — 778

450 Convention Proceedings and Debates.

sioners. I take it that such a project should not be put into the hands of
three men.

The yeas and nays were demanded on the adoption of the resolution,
and being ordered and taken resulted — yeas 19, nays 30 — as follows:

Yeas — Messrs, Burnett, Blunt, Burris, J. Blood, N. C. Blood, Crocker,
Button, Hutchinson, Hanway, Hoffman. Kingman, Lillie, McCuUough,
Signor, Stokes, Simpson, To^^Tisend, Thacher, Williams — 19.

Xays — Messrs. Arthur, Brown, Barton, Foster, Forman, Graham, Greer,
Griffith, Hippie, Hubbard, Houston, Ingalls, Lamb, Middleton, Moore, Mc-
Dowell, McCune, McClelland, Preston, Palmer, Parks, Porter, Ritchie,
Ross, Slough, Stinson, Stiarwalt, J. Wright, Wrigley, T. S. Wright— 30.

So the motion was rejected.

Mr. Blunt. I wish to offer the following amendment. I see it is a
foregone conclusion that the capital is to be located at a certain place, and
I want to make provision for its permanent location by adding these
words :

"And that the first Legislature under this Constitution shall provide by
law for submitting the question of the permanent location of the capital
of Kansas to a popular vote, and a majority of all the votes cast at some
general election shall be necessary for such location."

The resolution was adopted.

Mr. Burris. I desire to offer the following amendment:

"Resolved, That a viva voce vote of this Convention be now taken for
temporary capital of the State of Kansas, and that the places re-
[*336] ^ceiving the two highest numbers of votes be proposed to the
people of Kansas for temporary capital at the election and ratification or
rejection of this constitution; and that the one of such two places re-
ceiving the largest number of votes, shall be the temporary capital of the
State of Kansas until changed by a vote of the people of said State, at
some general election, as may be pro\aded by law."

Mr. Graham. That same matter was voted this forenoon.

Mr. Burris. The question was not precisely the same. The amend-
ment proposed by the gentleman from Douglas was that the people be
required to vote only on Topeka and Lawrence, and the one receiving the
majority should be the capital. This provides that we now proceed to a
viva voce vote, and the two places receiving the highest number of votes
be presented to the people, as it might be Leavenworth and Olathe.

The President. The judgment of the Chair is that the amendment is
in order.

The yeas and nays were demanded on the adoption of the resolution,
and being ordered and taken, resulted — yeas 19, nays' 30 — as follows:

Yeas — Messrs. Burnett, Blunt, Burris, J. Blood, N. C. Blood, Crocker,
Dutton, Hutchinson, Hanway, Hoffman, Kingman, Lillie, McCullough,
Signor, Stokes, Simpson, Thacher, Townsend, Williams — 19.

Nays — Messrs. Arthur, Brown, Barton, Foster, Forman, Graham, Greer,
Griffith, Hippie, Hubbard, Houston, Ingalls. Lamb, Middleton, Moore,
McDowell, McCune, MoClelland, Preston, Palmer, Parks. Porter. Ritchie,
Ross, Slough, Stinson, Stiarwalt, J. Wright, Wrigley, T. S. Wright— 30.

So the resolution was rejected.

Saturday, July 23, 1859. 451

Mr. Kingman. Mr. President, I desire to offer the following amend-
ment in the nature of a substitute:

"Resolved, That the capital of the State of Kansas shall be located as
follows :

Section 1. The capital of the State of Kansas shall be temporarily
located at , where it shall remain four years.

Sec. 2. The first Governor elected in this State and the person receiv-
ing the next highest number of votes for the office of Governor at said
election, shall constitute a Board, who shall proceed to locate the per-
manent capital of this State under the following regulations:

They shall select a place as nearly central and suitable as practicable
with reference to the present and future population of the State, and pur-
chase for a sum not exceeding $ , and secure to the State of Kansas

the title to twelve hundred and eichty acres of land, and shall proceed to
lay the same off into suitable grounds, streets, alleys and lots, file a plot of
the same in the Executive office of the State, and in the register's ofhce of
the county where the capital may be located.

Sec. 3. The Auditor of the State shall make sale of the lots so laid ofJ,
as follows: He shall advertise the time of sale in one paper in each county
in the State where a paper may be published, and at the time advertised
shall prof'eed to sell to the highest bidder one-third of said lots, for cash
in hand the money to be paid to the State Treasurer. Upon the presenta-
tion of the Auditor's certificate of sale, and the Treasurer's receipt for the
purchase money, the Governor of the State shall make title by deed to the
purchaser. One j-ear after the first sale another third of said lots shall be
sold and pa\Tnent and conveyance mnde in the same manner; and in two
years from the first sale the other third tosether with all lots offered at
either of the two previous sales and not. sold or paid for shall be sold and
pa^-ment and conveyance made in the same manner as in the first sale.
In the first sale the Auditor shall sell one lot, and pass over two. and sell
the next, and in the second sale he shall sell the alternate unsold lots.

Sec. 4. The money arisins from the sale of said lots shall constitute
a frnd for the erection of public builchng at the capital.
[*337] *Sec. 5. Should the Board named in section 2 be unable to
agree, the Lieut. Governor shall be a member of the Board, and a majority
shall decide all questions.

Mr. Hutchinson. Mr. President, is it in order to call for its con-
sideration section by section?

The President. The Chair would suppose it is.

Mr. Hutchinson. I make that motion.

Mr. Wrigley. Mr. President, if it is to be considered by sections, I ask
whether it is different from a resolution which has been already offered?

The President. The Chair is of opinion that the proper mode of pro-
ceeding would be similar to that adopted in the consideration of a bill, first
read by sections, and finally, after the subject matter has been made
•satisfactory, adopt the article.

Mr. Slough. Mr. President, it is very clear that no other possible
methods could be devised than those that have been presented to the
Convention. It looks as if there was a design (I don't charge it upon
any one) to protract this discussion. For the purpose of bringing the mat-
ter to a close, for it is foUy to occupy more time, I move the previous
question.

452 Convention Proceedings and Debates.

The yeas and nays were demanded upon the question, "Shall the main
question be now put?"

The President. The Chair understands the gentleman's motion cuts
off all debate and amendments.

Mr. Slough. It is for the purpose of cutting off debate only.

Mr. Graham. Mr. President, in my recollection where the previous
question has been moved in Congress, the amendments pending were not
acted upon. The previous question cuts off all debate and amendments.
I don't know what rules you have adopted here.

Mr. Thacher. I think Mr. Graham is right about that.

The President. The Chair will read from Gushing, page 48.

Mr. Wrigley. As the Chair has ruled would not the previous question —

The President. The Chair is desirous of hearing authorities.

Mr. Wrigley. I am asking for information. Would not the previous
question be that we have a vote upon the original proposition as amended
by the gentleman from Atchison?

Mr. BuRRis. As I understand the previous question it is to bring the
House upon a vote upon the main question before the House. If I am not
mistaken such is the position we are in now.

Mr. Houston. Mr. President, we had this question on this Nebraska
question. At that time there were some amendments pending. The gentle-
man from Brown moved the previous question, and it was ruled that it cut
off all amendments, and the question again recurred on the original
question, cutting off the amendments. My impression was that that rul-
ing was not correct, but I did not wish to have a discussion with the Chair,
and I let it pass. I do not understand that when the previous quest on
is called, and seconded, it cuts off all amendments. It seems to me the
intention of the previous question is to suspend debate and bring the
House at once to a vote upon the question as it is upon the amendments
pending. That is my view.

Mr. Slough. As I cannot now lay my hand upon the rule, though I
am satisfied of its correctness, I make the motion so that I can demand the
previous question upon the amendments.

The President. The Chair is clearly of opinion his decision is right.
(Reads from Gushing, page 1420.)

Mr. Slough. To clear up that point I propose to couple with my
motion the purpose to cut off debate upon all questions and bring them
directly before the House for action.

The President. The Chair would state another effect which this mo-
tion has. In case the call for the previous question shall be decided
[*338] *in the affirmative the main question will be put immediately;
but provided it be decided in the negative it cannot be put to-day. It
throws over the entire question to another day.

Mr. Stinson. I would cite the Chair to section 4, page 221, of the
work he has been reading from.

The President. The Chair does not see how that interferes with the
previous paragraph.

Mr. Stinson. The matter under discussion is an amendment.

The President. It is the capital question, in the understanding of the
Chair.

Mr. Slough. 1 withdraw the motion.

Saturday, July 23, 1859. 453

Mr. Stinson. Is not the motion to adopt the substitute in the nature
of an amendment?

The President. A motion was made that it be considered by sections.
It will be out of order for the Convention to adopt it and then consider it
by sections.

Mr. Stinson. Was not the first motion to adopt ?

The President. The first motion was the motion of the gentleman
from Douglas (Mr. Hutchinson) to adopt by sections.

Mr. McDowell. Did I understand the Chair to rule that the amend-
ment of the gentleman from Brown (Mr. Eongman) would be taken up
section by section and passed upon?

The President. The proposition to amend being of the nature of a
plan comprised in different sections, it would be absurd to resolve to
adopt it and then proceed to consider it section by section. A motion
has been made to adopt it section by section.

This motion was rejected.

The yeas and nays were demanded on the adoption of the amendment.

The President. The Chair desires to read a paragraph with reference
to the previous question, from the same authority. (Reads.)

Mr. Slough. With the permission of the House in justification of the
position I assumed, I propose to read a httle from the same law. The
President is correct with regard to the English Parliamentary usage;
but 1 find in Cushing a rule applicable to assemblages in the United
States. (Reads.)

The President. That is true with regard to bodies in the United States.

Mr. Blunt. Mr. President, I move to strike out, in the first section, the
words "four years" and insert "one year."

Mr. Stinson. Not in order.

The President. The Chair thinks it is.

Mr. Stinson. I think it is not an amendment in the second degree.

The President. A proposition may be amended four score times, and
then still amendments will be in order; but not more than two at the same
time.

Mr. Stinson. I so understand the law; but I understand that the
proposition as originally made by the gentleman from Shawnee, was an
amendment to a proposition then pending.

The President. The original motion was made by the gentleman from
Shawnee; different motions to amend have been made from time to time,
until the question recurred upon the original proposition as amended.

Mr. McDowell. Mr. President, I do not profess to know anything
about parliamentary law. What will be the effect of mo\nng to lay the
amendment upon the table? It cuts off discussion, that is one; and the
other question is, whether moving to lay a particular amendment upon the
table takes everything upon the table?

The President. The Chair does not so imderstand it.

Mr. Griffith. I would enquire what has become of the amendment
offered by the gentleman from Atchison ?

The President. It was adopted. All after the word "Resolved" was
stricken out, and in their place was substituted the amendment of the
gentleman from Atchison.

454 Convention Proceedings and Debates.

Mr. Greer. On yesterday I offered a resolution that the House go into
[*339] ballot for the location of the capital. After an amendment *of-
fered by the gentleman from Douglas was voted down, it left my proposi-
tion before the House. On this morning I offered a substitute which was
adopted. Now that substitute has been amended by the gentleman fr.om
Atchison.

The President. The amendment of the gentleman from Atchison
struck out all after the word "Resolved." The Chair stated on yesterday
that in order to simplify this question, as he foresaw a great deal of diffi-
culty, that he would rule all substitutes as amendments; and the effect
of that would be, in this case, to strike out all after the word "Resolved,"
and substitute the amendment in its place. The question before the Con-
vention after dinner was upon the motion of the gentleman from Atchison,
which had taken the place of the proposition of the gentleman from
Shawnee.

Mr. Ritchie. Is the question on the amendment offered by the gen-
tleman from Brown? (Mr. Kingman.)

The President. The question is upon the amendment of the gentleman
from Anderson (Mr. Blunt) to the amendment of the gentleman from
Brown (Mr. Kingman).

The amendment was rejected on a division — affirmative 16, negative 25.

The yeas and nays were demanded on Mr. Kingman's amendment, and
being ordered and taken resulted — yeas 16, nays 33 — as follows:

Yeas — Messrs. Burnett, Burris, J. Blood, N. C. Blood, Crocker, Gra-
ham, Hutchinson, Hoffman, Kingman, LilUe, McCullough, Stokes, Simpson.
Thacher, Townsend, Williams — 16.

Nays — Messrs. Arthwr, Blunt, Brown, Barton, Dutton, Foster, Forman,
Greer, Griffith, Hippie, Hubbard, Hanway, Houston, Ingalls, Lamb, 1^ id-
dleton, Moore, McDowell, McCune, McClelland, Preston, Palmer, Parks,
Porter, Ritchie, Ross, Signor, Slough, Stinson, Stiarwalt, J. Wright, Wrig-
ley, T. S. Wright— 33.

So the amendment was rejected.

Mr. Graham. Mr. President, I rise for the purpose of moving the pre-,
vious question.

The demand was seconded.

The resolution was then adopted under the operation of the previous
question.

Mr. Griffith. Mr. President, before the vote on this question is taken,
I desire to submit a word. The question of the location of the temporary
capital did not enter into the canvass in the county which I in part repre-
sent. We must, therefore, vote as our individual judgment directs.

The people of Kansas have passed upon two Constitutions in which the
temporary capital was located at Topeka. I never have heard any of my
constituents urge an objection to this location in either of the Constitu-
tions. I shall vote for Topeka as the place for the temporary capital, not
because I may have any property interests in the place, but because of its
historic associations with the struggle for freedom in Kansas. I shall take
this responsibility, although the gentleman on my right (Mr. Thacher)
thinks that possibly I may not represent the majority of my constituents in
this vote.

The President. The Clerk will now proceed to call the roll, and mem-
bers of the Convention will answer the place of their choice for the capital
of the State of Kansas.

Saturday, July 23, 1859. 455

The first call of the vote resulted as follows:

Arthur, Mound City; Burnett, Mapleton; Blunt, ]\Iiuneola; Brov\-n, To-
peka; Barton and Burris, Olathe; J. Blood and N. C. Blood, Lawrence;
Crocker, Burlington; Button, Stanton; Foster, Topeka; Forman, Topeka;
Graham, Atchison; Greer, Topeka; Griffith, Manhattan; Hippie and Hub-
bard, Topeka; Hutchinson, Lawrence; Hanway, Minneola; Hoffman, Le-
roy; Houston, Manhattan; Ingalls and Kingman, Atchison; Lillie, Em-
poria; Lamb, Mound City; Middleton, Atchison; Moore, McDowell, Mc-
Cime and McClelland, Topeka; McCuUough, Emporia; Preston, Burlin-
game; Palmer, Louisville; Parks, Kickapoo; Porter, Troy; Ritchie and
Ross, Topeka; Signor, Humboldt; Slough and Stinson, Topeka; Stiar-
walt, Palermo; Stokes, Lawrence; Simpson, Paola; Thacher, Lawrence;
Townsend, Big Springs; J. Wright, Topeka; Wrigley, Pike's Peak; T. S.
Wright, Atchison; Williams, Lawrence; Mr. President, Superior.
[*340] *Mr. Wrigley. Mr. President, I voted for Pike's Peak. I with-
draw that town from the contest.

Mr. Kingman. He withdraws it from the canvass.

The President. The Chair will state that, according to the resolution,
all except the four highest were to be dropped. It seems there are three
which have a larger number of votes than the others, and three other
towns have an equal number, rendering it impossible to comply with the
strict provisions of the resolu^^^ion.

Mr. Blunt. I move that it be restricted to two.

The President. The gentleman would have to move a reconsideration
of the resolution. By general consent the candidacy will be confined to
the three highest — Topeka, Lawrence and Atchison. The Clerk will call
the roll.

The second call of the roll resulted as follows:

Arthur, Topeka; Burnett and Blunt, Lav.^rence; Brown and Barton.
Topeka; Burris, J. Blood, N. C. Blood and Crocker, Lawrenre; Button.
Foster and Forman, Topeka; Craham, Atchison; Greer, Griffith, Hippie
and Hubbard, Topeka; Hutchinson, Hanway and Hofi'man, Lawrence;
Houston, Topeka; Ingalls and Kingman, Atchison; Lillie and Lamb, To-
peka; Middleton, Atchison; Moore, McBowell, McCune, McClelland, Mc-
CuUough and Preston, Topeka; Palmer, Atchison; Parks, Porter. Ritchie.
Ross, Signor, Slough, Stirson and Stiarwalt, Topeka; Stokes, Simpson,
Thacher and Townsend, Lawrence; J. Wright and Wrigley, Topeka; T. S.
Wright, Atchison; Williams, Lawrence.

Necessary to a choice, 25. Topeka received 2G; Lawrence, 14; Atchi-
son, 6.

The President. Topeka ha\-ing received a majority of all the votes
cast, is the choice of this Convention as the temporary capital of the State
of Kansas.

miscellaneous.

Mr. Slough. Mr. President, the report of the committee on miscel-
laneous matters passed through the committee of the whole has never been
acted upon in the House.

Mr. Thacher. We adopted the article as a whole when it came from
the committee of the whole.

Mr. Stinson. If the gentleman will excu.=e me: we went into commit-
tee of the whole before it was printed. I made the motion that the further
consideration be postponed until the article was printed.

456 . Convention Proceedings and Debates.

Mr. Thacher. I call for the reading of the journal in relation to that.

The President. The Chair is of opinion that the gentleman from Leav-
enworth is correct. If no objection is made it will be taken up.

Mr. Ingalls. Mr. President, with the consent of the Convention, I
would like to submit the following report on the article miscellaneous:

"The committee on phraseology and arrangement having had under con-
sideration the articles entitled 'miscellaneous' and 'judiciary,' beg permis-
sion to submit the following:

REPORT — miscellaneous.

Section 1, lines one and two, strike the words 'in this Constitution.' In
line two strike out 'in such manner.'

Section 2, line one, for 'duration' read 'term.' For the first clause read
as follows: 'The terra of any office not herein provided for may be de-
clared by law.' In fifth line strike out 'and if and read 'when.' In line
six make a comma instead of period after 'appointment' and connect the
two sentences.

Section 3. Strike out 'for any purpose whatever shall be,' and read
'are.' Strike out the words 'in this State.'

Section 4. Strike out lines ten, eleven and twelve as far as the words
'shall be let,' and read 'all public printing.'

Section 5. In line fi/teen insert 'the' between 'and several.' Strike out
'from time to time.'

Section 6. For 'general assembly' read 'Legislature.' Strike out 'by
[*341] law' in Une seventeen. In hne eighteen strike out words *'the'
and 'of.' In line nineteen strike out 'or other person.' In hne twenty
strike out words 'with the husband' and all after 'children.'

Section 7. Strike out 'shall have power to,' and read 'may.' In line
twenty-four, before 'duty' read 'legal,' strike out the words 'that may be
assigned them by law.'

Mr. Kingman. I move to take up the report of the committee on
arrangement and phraseology and adopt it.

Mr. Thacher. I ask the gentleman from Brown (Mr. Kingman) to
amend his motion so that we may take up both.

Mr. Kingman. Agreed.

The President. By consent it is so ordered. Unless objection is
made, it will be taken up section by section.

The committee's amendments to the miscellaneous article were then
read, section by section, and severally adopted.

Mr. Hutchinson. Mr. President, I desire to move to reconsider the
vote adopting the sixth section, for the purpose of amending it in one par-
ticular. It now grants protection to the rights of women married and
single in acquiring and possessins property, real, personal and mixed. I
propose to add the word 'defending' after 'possessing.'

Mr. McDowell. Mr. President, it does seem to me the word protec-
tion covers all general usage. It would be necessary to make a reconsidera-
tion to get in that useless word.

The motion was lost upon a division— affirmative 18, negative 19.

Mr. Hutchinson. I had an impression that two gentlemen rose in that
part of the House who were not counted. I will ask for the yeas and
nays.

Saturday, July 23, 1859. 457

The yeas and nays were ordered, and being taken, resulted — yeas 22,
nays 26— as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, J. Blood, N. C. Blood, Crocker,
Button, Griffith, Hutchinson, Hanway, Houston, Lamb, McCullough,
Preston, Porter, Ritchie, Signer, Stokes, Simpson, Thacher, Townsend,
Wilhams— 22.

Nays — Messrs. Brown, Barton, Burris, Foster, Forman, Graham, Greer,
Hippie, Hubbard, Hoffman, Ingalls, Kingman, Lillie, Middleton, Woore,
McDowell, McCune, Palmer, Parks, Ross, Slough, Stinson, Stiarwalt, J.
Wright, Wrigley, T. S. Wright— 26.

So the motion to reconsider was rejected.

Mr. Greer. I offer the following as an additional section. I believe
it should be numbered section 8 — 1 am not certain:

"Sec. 8. The temporary seat of government of the State of Kansas is
hereby located at the city of Topeka, county of Shawnee; and the first
Legislature under this Constitution shall provide by law for submitting
the question of the permanent location of the capital of Kansas to a popu-
lar vote; and a majority of all the votes cast at some general election shall
be necessary for such location."

The President. The Chair is of opinion the section is not in order,
from the 'fact that the resolution adopted by the Convention covers the
ground.

Mr. Greer. I withdraw it to offer the following:

"The capital of this State is hereby located at Topeka, Shawnee county,
until removed by a majority vote of the electors of the State."

Mr. Blunt. I would like to know if that question has not been settled
by the adoption of the resolution of the gentleman from Atchison?

The President. The Chair will state that the section, to be in order,
must conform to the resolution which was adopted by the Convention.

Mr. Kingman. I think the better way will be to let it go to the com-
mittee on phraseology and arrangement.

The President. The committee can be instructed to prepare a section
in accordance with the terms of the resolution passed.

Mr. Slough. I think we had better dispose of it here.

Mr. Griffith. Would it not cover the whole ground if the resolution
should be made a section in the miscellaneous department?
[*342] *The President. It would.

Mr. Griffith. I make that motion.

The motion was agreed to.

Mr. Preston. I^^r. President, if in order, I would like to ofTer an addi-
tional section. I will read it.

"Sec. . The Legislature shall have power to regulate or prohibit the

sale of alcoholic hquors, except for mechanical and medicinal purposes."

Mr. Slough. I move to lay it on the table.

Mr. Blunt. And a bottle of whiskey with it.

The yeas and nays were demanded on the motion to lay on the table,
and being ordered and taken, resulted — yeas 19, nays 31 — as follows:

Yeas — Messrs. Blunt, Brown, Barton, Foster, Hippie, Hubbard, Hoff-
man, Ingalls, Lillie, IN^oore, McDowell, Palmer, Parks, Porter, Slough,
Simpson, Thacher, J. Wright, Wrigley — 19.

458 CoNX'ENTioN Proceedings and Debates.

Nays — Messrs. Arthur, Burnett, Burris, J. Blood, N. C. Blood, Crocker,
Button, Forman, Graham, Greer, Griffith, Hutchinson, Hanway, Houston,
Kinsman, Lamb, Middleton, McCune, McClelland, McCuUough, Preston,
Ritchie, Ross, Signor, Stinson, Stiarwalt. Stokes, Townsend, T. S. Wright,
Williams— 31.

So the motion was rejected.

Mr. Stinson. I move to insert after the word "medicinal." the words
"and other."

The motion was laid on the table.

Mr. Thacher. Mr. President, I hope the Convention will pause a little
before going into this special legislation. There is no doubt but that the
Legislature has complete control over this question, and I do not wish to
see this Constitution enter into these details. I suppose I am as strong a
temperance man as there is upon this floor — I never tasted a drop of
whiskey in my life. I don't know what it tastes like — but after all, I
think it is unwise for us to incorporate a provision of this nature into the
Constitution. You gain nothing by it — you lose by it. I submit to mem-
bers of the Convention that it would be but to defeat the Constitution be-
fore the people. I think all these things had better be left to the people,
and if they demand a proh-bitory law, I trust we will have a Legislature
that will pass such a law. But don't let us insert such a provis-on in the
Constitution. The enemies of the Constitution will be very glad to seize
upon a principle like that. I do not think it wise to have any special
legislation in a Constitution. We are framing the first Constitution for the
State. Let us leave these vexed questions to one side, trusting to the
Legislature to regulate all these things. It is unwise for us to jeopardize
the Constitution with so much legislation. My view is upon this ground,
and I agreed with the gentleman from Leavenworth, Mr. Slough, the other
day, when he moved to strike out of the article on education a clause re-
ferring to separate schools for negroes. The Legislature having complete
control over this matter, I was unwilling to see the Constitution lumbered
with all this buncombe kind of legislation. I trust this thing will not be
pressed. I am sure there is no stronger temperance man than I am, but
I am opposed to this section, belie\ing it to be impolitic. Don't let us
jeopardize the interests of our party by bringing in questions of this kind.
In New York it was sought to be inserted there, but it was opposed by the
strongest temperance men in the State, upon the ground that it was not in
the issues at all. The great issue with us being freedom or slavery, let us
settle this question. I beg of you not to incorporate a handle for our
enemies to employ against us. Leave it to the Legislature, and let us pass
only upon our legitimate business.

Mr. Hutchinson. Mr. President, althoueh I cannot say I never drank
a drop of whiskey in my life, I believe there is some necessity for the
passaire of this section. If it were true that we are to struggle forever for
[*343] freedom of Kansas; if it were *true that the one question of
slavery was to be kept forever alive in Kansas, then I would like to see
nothing but what would bring "nigger" before our eyes; but I believe there
are questions of the utmost importance which will come before us, as well
as that question. It is not a question settled by law nor precedent. If we
are looking to the future moral as well as political well being of Kansas,
let us throw a guard around it while the power is in our hands. It can do
no harm. I doubt whether there is a man in the whole State who will vote
against the Constitution in consequence of a provision of that kind.

Saturday, July 23, 1859. 459

A motion to adjourn was rejected upon a division — affirmative 18,
negative 21.

Mr. Blunt. Mr. President, I do not desire to make a temperance or
anti-temperance speech, but I rise to enter my protest against this Con-
vention voting down this Constitution, by loading it with extraneous
issues which can possibly be of no benefit. If we adopt such a provision
it will array a large class of people against the Constitution. I believe
that the history of the temperance cause in this country has proved that
no good has ever resulted from attempting to legislate upon it in this
way. I am in favor of temperance, but I think the legislature has juris-
diction over this matter, and has authority to pass stringent laws upon
the subject. I think we have now in this Constitution some things that
are going to embarrass it, and if we go on bringing up these issues we may
look for certain defeat. I do protest against this whole policy; so do I
protest against this course being pursued by men who have been exhort-
ing me not to bring up extraneous questions here; and if they do not
regard the safety of the Constitution sufficiently to forego these ques-
tions, then I must be left to pursue the course 1 may deem proper.

Mr. Preston. Mr. President, I was surprised to hear the gentleman
from Douglas' (Mr. Thacher) arguments. He has been arguing against
this section because it is special legislation. I want to know if we have
not several articles in substance like this, already in the Constitution,
saying the Legislature shall have power to do this thing and that thing?
If the legislature has power to act without special constitutional enact-
ment, why not say that they shall have power to do what they please?
If the legislature should ever want to enact a liquor law, I suggest that
there should not be anything in the way.

Mr. Stinson. I will simply state that in Maine, where there is no
constitutional provision, a law has been declared constitutional more strin-
gent than any you will get here.

Mr. Preston. I think that allowing the sale of intoxicating liquors
indiscriminately as against humanity, is the worst thing that can happen;
and I desire to see this State take a stand upon the side of temperance;
and if we have stringent laws upon our statute book, we certainly shall
have a moral people. I am in favor of the section.

The yeas and nays were demanded.

Mr. President Winchell. (Mr. Townsend in the Chair.) I desire
to say one word upon this question. I presume my own position as to
temperance will not be challenged. If I may believe legal arguments, this
section seems to be necessary; and I agree with those who advance the
argument that it is unnecessary — if the decision of the courts has rendered
it competent for the legislature to deal with this question in its own way,
it is folly for different reasons to incorporate it in our organic law. I
believe gentlemen who make these statements are in possession of the
facts, and know whether they are correct or not. It is a matter in regard
to which I do not profess to be posted; but, taking these statements to
[*344] be correct, it seems to *me this section had not better be incor-
porated into the Constitution.

Mr. Hutchinson. I would add that a similar section has been in-
corporated into the constitution of Minnesota or California. After due
consideration of the subject, it was believed it would be necessary.

Mr. Preston. I withdraw the section.

The article on miscellaneous, as amended by the committee of arrange-

460 Convention Proceedings and Debates.

ment and phraseology, was then adopted, and recommitted, under the
rule for arrangement and enrollment.

And then

On motion, the Convention adjourned till Monday morning, 8 o'clock.

Monday, July 25, 1859.
The Convention met at 8 o'clock, a. m.
Prayer by the Chaplain.

The absentees on the roll-call were Messrs. Brown, Crocker, May, Perry,
Ross, Thacher and J. Wright.

The journal of Saturday was read and authenticated.

ASSISTANT SERGEANT-AT-ARMS.

The President announced that the Sergeant-at-Arms had appointed
Mr. Francis House as his Assistant.

KANSAS CLAIMS.

Mr. Blunt submitted the following:

"Resolved, That a committee of four be appointed to draft a Memorial
to Congress, asking for an appropriation from the general government
to pay the claims of the citizens of Kansas, awarded by the Commissioners
appointed under the Act of the 7th of February, 1859."

Mr. Stinson. Mr. President, before that resolution is adopted, I sup-
pose the committee on Ordinance should be discharged from that duty.

The President. The Chair understands that by previous action, the
duty of drafting such a Memorial to Congress was devolved on the com-
mittee on Ordinance.

Mr. Blunt. If that be the case, I withdraw the resolution.

Mr. Slough. Mr. President, I beheve a report is expected this morn-
ing from the committee on Arrangement and Phraseology.

Mr. Ingalls. I might have been prepared to present a part of our
report on the Miscellaneous article, but the minutes of our committee pro-
ceedings on Saturday were mislaid, and therefore I am unable to make a
report at this time.

Mr. Slough. Then, as there appears to be nothing for the consideration
of the Convention, I move a recess till ten o'clock, to give time for the com-
mittee on Phraseology and Arrangement to prepare matter.

The motion was agreed to, and accordingly the Convention took a recess
till ten o'clock.

PREAMBLE AND BILL OF RIGHTS — BOUNDARY.

The President resumed the chair at the expiration of the recess.

Mr. Ingalls, from the committee on Phraseo'ogy and Arrangement, re-
ported back the article on the Preamble and Bill of Rights, with sundry
amendments. The report follows:

"The committee on Phraseology and Arrangement having had under
consideration the article entitled "Preamble and Bill of Rights," beg to
submit the following

Monday, July 25, 1859. 461

REPORT.

In the first part of the Preamble, read, "We the people of Kansas
grateful to Almighty God for our civil and religious privileges, in order to
ensure the full enjoyment of our rights as American citizens, do ordain and
establish this Constitution of the State of Kansas with the following
boundaries." In line twelve, read for "westward," "running west."

For Section 1 read "Sec. 1." In line three strike out the words "those of."

In Section 6, last line but one, for "parties" read "party."

In section 7, in Une 1, strike out words "of every person"; in line three
[*345] strike out words "their own"; in lines five and six strike out *and
read "to attend or support any form of worship";' for "or" before "any
preference" read "nor"; in lines eleven to fifteen inclusive, read as fol-
lows: "No religious test or property qualification shall be required for
any office of public trust nor for any vote at any election"; for "be a
witness" read "testify," and strike out all after "belief."

In Section 8, transpose and read "Unless the public safety requires it
in case of invasion or rebellion."

In Section 10, line one, read: "In all prosecutions, the accused," &c.;
in line twelve strike out "in a criminal cause."

In Section 11, strike out word "forever" in line five; before "actions,"
read "civil or criminal"; after the word "jury" read "and if it shall appear";
strike out words "is true and"; strike out "discharged or."

Section 12, for "out of" read "from" in line three; for "constitution"
read "conviction"; strike out all after "estate."

Section 14, for "owner" read "occupant"; for "in a manner" read "as";
strike out "the" before "time of war."

Section 15, for "houses, papers, estates," &c. read "property"; in line
five, for "one" read "on"; in last line, for "things" read "property."

Section 16, read "No person shall be imprisoned for debt except in cases
of fraud." Strike out all after "fraud."

Section 17, strike out "by law"; for "resdient aliens" read "citizens and
aliens"; for "possession" read "purchase."

Section 18, read: "All persons for injuries suffered in property, person
or reputation, shall have remedy by due course of law, and justice admin-
istered without delay."

Section 19, strike out all after "State."

Section 20, strike out entire.

The consideration of this report was taken up.

The chairman of the committee reporting read the amendments to the
first section.

Mr. Wric.ley. Mr. President, I desire to move an amendment to the
boundary of the State — carrying the western boundary back so as to in-
clude the boundary prescribed in the organic act.

The President. The gentleman's amendment is out of order.

Mr. Hutchinson. Do I understand this to be the final passage of
matter?

The President. It is the adoption of the report of the committee.

The several amendments recommended by the committee on Phrase-
ology and Arrangement were then considered and concurred in, by sections.

Mr. Hutchinson. Mr. President, we have stricken out, in the 12th
section, all after the word "estate" these words: "nor shall any person
be hable to be conveyed out of this State for trial in any case where the

462 Convention Proceedings and Debates.

offence was committed within the same." I would inquire whether this
matter is provided for in any other part of the Constitution?

The President. The recollection of the Chair is, that this was stricken
out because it was inconsistent — because it would be impossible to do what
it prescribes.

Mr. Wrigley. Mr. President, I move that this article be recommitted
to the committee on Phraseology and Arrangement, with instructions to
change the boundary of the proposed State so as to make it conform
to that in the organic act.

The President. The motion is not in order.

Mr. Wrigley. Then I move a reconsideration of the Preamble, for the
purpose of changing the boundary.

The President. That motion is not in order for the reason that, on
the adoption of that portion of the article, the gentleman from Brown
moved to reconsider the vote, and then on his further motion, the motion
to reconsider was laid on the table.

Mr. Wrigley. Is there any manner of reaching it?
[*346] *The President. In the opinion of the Chair, all amendment
of this portion of the Article is cut off.

Mr. McDowell. Mr. President, in section five of this Article the read-
ing is as follows:

"The right of trial by jury shall be inviolate, and extend to persons
of every condition; but a jury trial may be waived by the parties in all
cases, in the manner prescribed by law."

My object in rising is, to make a motion to strike out these words:
"and extend to persons of every condition."

The President. The motion is not in order.

Mr. McDowell. Then I move to reconsider the vote adopting this
section, for the purpose of amendment.

The President. That motion is in order, and will be entertained.

Mr. McDowell. It seems to me, Mr. President, that that very valu-
able right we propose to secure to the citizen in retaining the right of
trial by jury, intact, will be accomplished by the words, "The right of
trial by jury shall be inviolate." I cannot see what force or sense the ad-
ditional words, "and extend to persons of every condition," give to the
section. I think they are mere surplusage, or they were put in to make
the sense doubtful. If that be the case, a grave question might be
raised by Congress in passing upon our Constitution. It might be affirmed,
that this clause was intended to give the right of trial by jury to an
alleged fugitive from labor owing to his master. If that construction be
just, then manifestly the clause would be in contravention of a law; of
Congress — the fugitive slave law — and opposed to the Constitution of the
United States — and to that extent, our Constitution would be itself un-
constitutional. I therefore move that this section be reconsidered, in order
that the Convention may strike out these words.

The President. The Chair desires to know whether the proposed
amendment of the gentleman has not been before proposed in Convention,
and voted down?

Mr. Stinson. It strikes me that the same matter was acted on only
in committee of the whole.

The President. If it was only voted upon in committee of the whole,
the amendment will be in order.

Monday, July 25, 1859. 463

Mr. McDowell demanded the yeas and nays on the motion to recon-
sider; and they were ordered and being taken resulted — yeas 16, nays 30 —
as follows:

Yeas — Messrs. Barton, Foster, Forman, Greer, Hippie, Hubbard, Moore,
McDowell, McCune, McClelland, Palmer, Parks, Slough, Stinson, Stiar-
walt, Wrigley — 16.

Nays — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Dutton, Graham, Griffith, Hutchinson, Hanway, Hoffman, Hous-
ton, Ingalls, Kingman, Lillie, Lamb, Middleton, McCuUoush, Preston,
Porter, Ritchie, Ross, Signor, Stokes, Simpson, Townsend, WiUiams, Mr.
President — 30.

So the committee refused to reconsider.

Mr. Stinson. Mr. President, I understand that some days ago, when
this Article was up, the parliamentary dodge was applied only to the
preamble, and not to the proposition of the gentleman from Douglas
(Mr. Thacher) to change the boundary. I now renew my motion to re-
consider the boundary, for the purpose of amending, by inserting these
words:

"Provided that Congress may fix the boundaries of the State of Kansas
as established by the Act of Congress organizing the Territories of Kansas
and Nebraska for the Territory of Kansas."

The PREsmENT. The Chair does not understand the distinction the
gentleman makes.

Mr. Stinson. The point is this: The preamble is not the boundary.
The" boundary is a distinct proposition, independent of the preamble. It
was the preamble — the first part as here printed — that was affected by
[*347] the motion to reconsider and lay on the table. I *move to re-
consider so much as was not affected by these motions.

The President. The Chair will be under the necessity of appealing to
the journal.

Mr. Kingman. It was last Saturday week.

Messrs. Stinson, Blunt, Houston, and the Chair, continued the dis-
cussion of this point, depending upon recollection — the journal being out
of the Hall in the hands of the copying journal clerk.

Mr. Hutchinson. Could not this matter be reached by unanimous
consent ?

The President. The Chair is of opinion that anj^thing can be done by
unanimous consent.

Mr. Stinson. Could not this rule be suspended by a two-third vote?

The President. It might for future action; but not so as to affect any
action in the past.

Mr. Hutchinson. I was about to say, that in conversation with several
members who voted for the amendment of the western boundary, as
moved by the gentleman from Douglas (Mr. Thacher), I learn that, after
reflection, they have come to the conclusion that they had committed a
slight mistake, and they were desirous of correcting it by a reconsideration.
Even Mr. Thacher himself says he made a mistake. He intended to have
moved the twenty- fourth meridian west from Washington, instead of the
twenty-third. And I think, under all the circumstances, that the Con-
vention will be willing to extend the western boundary to the twenty-
fourth meridian, if it can be reached again. This may be an important

464 Convention Proceedings and Debates.

question in our future, and this is perhaps the only time in which it can be
reached. I therefore hope the Convention will reconsider unanimously.

The President. A motion to reconsider has just been put and re-
jected; and until some other business shall have intervened it cannot be
in order to put the same motion again.

Mr. Stinson and Mr. McDowell. That motion was on another section.

Mr. Hutchinson. I will make the motion to reconsider the vote in
relation to the western boundary.

Mr. Graham. I object.

The President. The motion then is not in order.

Mr. Stinson. ]\'^r. President, I offer the following as an additional
section to the Preamble and Bill of Rights:

"Sec. . Nothing herein shall prevent Congress from fixing the

boundaries of the State of Kansas, as established by the Act of Congress
organizing the Territories of Kansas and Nebraska for the Territory of
Kansas."

Mr. Blunt. I move that the amendment be laid upon the table, and
made the special order for this afternoon at three o'clock.

The motion was rejected.

Mr. Slough demanded the yeas and nays on the adoption of Mr.
Stinson's amendment, and the vote stood — yeas 18, nays 27 — as follows:

Yeas — Messrs. Barton, Foster, Forman, Greer, Hippie, Hubbard, Hous-
ton, Moore, McDowell, McCune, McClelland, Palmer, Parks, Porter,
Slough, Stinson, Stiarwalt, Wrigley — 18.

Nays — Messrs. Arthur, Burnett, Blunt, Burris, N. C. Blood, J. Blood,
Crocker, Dutton, Graham, Griffith, Hutchinson, Hanway, Hoffman, In-
galls, Kingman, Lillie, Lamb, AMddleton, McCullough, Preston, Ritchie,
Ross, Signor, Stokes, Simpson, Townsend, Williams — 27.

So the amendment was rejected.

Mr. Graham demanded the previous question on the adoption of this
Article, as a whole, but withdrew for

Mr. Hutchinson, who submitted the following, as an additional sec-
tion:

"It is further provided, That nothing herein contained shall prevent
Congress from fixing the Western boundary on the twenty-fourth meridian
west from Washington."

On motion by Mr. Slough it was laid on the table.
[*348] Mr. Stinson. Mr. President, I desire to *offer the following, as
section 20 of the Bill of Rights:

"Sec. 20. It is further provided, that nothing herein contained shall be
construed in any way to hinder or delay the execution of the laws of the
United States."

Mr. Blunt. I move to lay it on the table.

Mr. Slough demanded the yeas and nays, and the vote stood — yeas
29, nays 15 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris. N. C. B'ood, Crocker,
Dutton, Greer, Graham, Griffith, Hutchinson, Hanway, Hoffman, Houston,
Insalls, Kingman, Lillie, Lamb. Middleton. McCullouirh, Preston, Porter,
Ritchie, Ross, Signor, Stokes, Simpson, Townsend, Williams — 29.

Nays — Messrs. Barton, Foster, Forman, Hippie, Hubbard, Moore, Mc-

Monday, July 25, 1859. 465

Dowell, McClelland, McCune, Palmer, Parks, Slough, Stinson, Stiarwalt,
Wrigley — 15.

So the amendment was laid on the table.

Mr. Blunt. I now move the adoption of the Article as a whole.

The President. That follows without a motion.

So the Article was adopted, and under the rule, reported to the com-
mittee on Phraseology and Arrangement for enrollment.

FREE persons OF COLOR.

Mr. Parks. Mr. President, would it be in order to move instructions
to the committee on Phraseology and Arrangement to report an addi-
tional section to the article on miscellaneous matters?

The President. Is it in their hands for the purpose of arranging the
phraseology ?

Mr. Parks. I understand that it is in their hands for revision.

Mr. Slough. It has gone to the committee for arrangement and en-
rollment.

The President. The recollection of the Chair is, that the report has
been finally acted on.

Mr. Parks. Then I move to recall the report, to enable me to make a
motion to reconsider, and introduce the following as a section in the article
on miscellaneous:

"Sec. . No free negro or mulatto shall ever come into this St.at<?'

after the admission of the same."

Mr. Hutchinson. I rise to a point of order. I think precisely the
same resolution, in the same words, has been voted down.

The President. If there is not a change in the word "nigger," the
point is well taken.

Mr. Wrigley. Mr. President, I move to recall the miscellaneous article,
to enable me to reconsider, and introduce the following:

"Sec. . That nothing in this Constitution contained shall be so

construed as to mean that the people are to be taxed to support schoolf
for negro or mulatto chiMren, or that an enumeration of nesro and mulatto',
children must be made in making a distribution of the school funds; and
nothing in this Constitution contained shall be so construed as to permit
negroes or mulattoes to vote at any election, or that negro or mulatto chil-
dren are to be educated in the schools or universities provided for in this
Constitution."

The President. The Chair is compelled to say, that he beheves it his
duty, aside from political considerations, to adhere to that well understood
parliamentary rule, that the same matter which has once been disposed of
■by rejection, cannot be again entertained by the Convention.

Mr. McDowell. My recollection does not correspond with that of
the Chair. I do not think that any proposition simi'ar to that of the
gentleman from Doniphan (Mr. Wrigley) has been before the Convention.

The President. The Chair will state, that the language of the parlia-
mentary law is, that where a proposition is the same in substance, if not in
form, with one already disposed of, it is not in order; and the Chair recol-
lects no point in the proposition of the gentleman from Doniphan which
has not been acted on by the Convention.

30 — 778

466 CoxvENTiON Proceedings and Debates.

ABSENCE.

[*349] On motion by Mr. Kingman, Col. Wright of *Nemaha, obtained
leave of absence on account of sickness.

On motion by Mr. Slough — to give time for the action of committees —

The Convention took a recess till 3 o'clock, p. m.

AFTERNOON SESSION.
The President resumed the Chair at three o'clock.

EXECUTIVE,

Mr. Tnoalls. from the committee on Phraseology and Arrangement,
.submitted the following:

"The committee on Phraspo^osy and Arransrement having had under
consideration the Article on 'Executive,' respectfully submit the following

REPORT.

In Section 2, line seven, for 'President of the Senate' read 'Secretary of
State.'

For Section 3, read, 'The supreme Executive power of the State shall be
ves+ed in the Goverror, who shall see that the laws are faithfully executed.'

For Spction 4. 'He may require information in writing from the officers
in the Executive department upon any subject relating to the duties of
their respective offices.'

Combine Sections 5 and 6. and read as follows:

'Section 5. He may, on extraordinary occasions, convene the Legisla-
ture by proclamation, and shall at the commencement of every sreneral or
special session communicate in writing such information as he may possess
in reference to the condition of the State, and recommend such measures
as be may deem expedient.'

Section 6, for 'shall have power to' rpad 'may'; instead of 'the regular
meptings thereof read 'the reiiular meeting.'

Sect'on 7. Strike out 'such' before 'regulations'; strike out 'as may be.'

Section 8. Before 'shall' in third line, read 'which'; strike out 'called'
and a^so the quotation marks.

Section 9. Strike out 'grants and'; strike out 'and by the authority';
transpose so as to read 'signed by the Governor, countersigned by the
Secretary of State, and sealed with the Great Seal.'

Section 10. After 'Congress' read 'or officer of the State or of the
United States shall hold the office of Governor except as herein provided.'

Section 11. Strike out the clause 'or until he shall be acquitted,' and
read 'until the disability shall be removed.'

Sect'on 12. In second Une change 'but' to 'and'; in line four after
'divided' read as follows: 'The Senate shall choose a President pro tempore
to preside in cases of his absence, impeachment, or when he shall hold
the office of Governor.'

Section 13. Line two, for 'executing' read 'holding.'

Sef^tion 14. Transpose and change to read as follows: 'Should either
the Secretary of State, Auditor, Treasurer, Attorney-general or Superin-
tendent of Public Instruction become incapable of performing the duties of
his office for any of the causes specified in the thirteenth section of this
Article, the Governor shall fill the vacancy until the disability is removed

Monday, July 25, 1859. 467

or a successor is elected and qualified. Every such vacancy shall be
filled,' &c.

Section 16. For 'the' before 'public' in line two, read 'all'; for 'five'
read 'ten'; in last line but one strike out the words 'with his message.'

Ingalls, Chairman."

And the several recommendations reported, having been separately
concurred in by the Convention, the Executive Article was adopted, as a
whole, and referred again to the committee on Phraseology and Arrange-
ment for arrangement and enrollment.

SKULLDUGGERY.

Mr. Parks. Mr. President, the special committee on the alleged
corruption in connection with the temporary location of the seat of gov-
[*350] ernment, have instructed me to report the ^following testimony,
without recommendation to the Convention. I will read it myself, with
the permission of the Convention:

(This testimony was subsequently ordered to be placed in the files
of the Convention, which the Secretary construes as inhibiting its pub-
lication.)

Mr. Hubbard. Mr. President, I rise to a question of privilege. I
learn from the report just read from the committee on the investigation
of frauds, that there is no person criminated, nor the veracity of any
called in question, except jMr. Hutchinson and myself. Since that com-
mittee has been in session, I have been requested by Mr. Hutchinson, to
witlihold saying anything to the Convention till the committee should
report. I have done so. And then, he added, he would give me satisfaction
in regard to the whole matter. It is well known to the Convention how
we stand in regard to this matter. He has testified upon oath, that he
chd not offer me a lot in the town of Lawrence, and upon my oath, I have
testified, that he did. Now, the question with me is, whether the gentle-
man will give me satisfaction before I proceed?

The PREsmEXT. The Chair is not quite clear, that this is a proper
mode of proceeding. The gentleman rose to a personal explanation. But
the tendency of his remarks seems to be, to make it a personal matter
between two members of the Convention, in a way that would hardly be
compatible with the rules of order. It seems to the Chair, that the gentle-
man is claiming something more than a mere statement of matter of ex-
planation. It is contrary to the precedents for a gentleman to rise and
demand satisfaction in connection with a personal explanation.

Mr. Slough. I think the Chair, perhaps, misunderstands the gentle-
man. Mr. Hutchinson asked him to withhold sa\ang anything till after
the report was made, and he would give him, Mr. Hubbard, satisfaction.
I gather from that, that he might withdraw, or make explanatory state-
ments. It seems to me that it might be legitimate and proper to wait
and see.

The President. The Chair does not understand that any person is
upon trial before the Convention. The report of the committee has been
submitted without recomn endation. And so long as no person is upon
trial, it seems to him out of order for this thing to be permitted to be con-
ducted in this way. The gentleman from Doniphan (Mr. Hubbard) has
made his explanation; and that anything further than a simple explana-
tion was to be made, the Chair did not understand. If the Convention
were proposing to impeach a member, then the question would take a
different shape.

4:68 CoxvEXTiox Proceedings and Debates.

Mr. Hubbard. 'Sir. President, as the gentleman has given no reply, I
would like to call upon him to know whether he still makes that proposi-
tion to me?

The President. The Chair does not understand that the gentleman
from Doniphan has a richt to call upon the gentleman from Douslas, as
though he stood before the Convention on his trial. The gentleman from
Doniphan should confine himself to his matter of personal explanation,
and make his address and statements to the Chair. Anything more now
would be a violation of the rules of the Convention.

Mr. HrBB.\RD. 'Sir. President, as I have stated, the Convention has
heard the testimony given by all the witnesses in regard to this matter, and
it comes up in this shape, that either I or he has sworn to a lie — such a
thing, Mr. President, as has never been said of me in my whole history —
and I am satisfied that there is sufficient corroborating testimony in the
House to satisfy the Convention that 1 have stated just the truth in this
case, and nothing more. I also think the Convention will bear me out
in the statement when I say I was not after making political capital. I
have been one of the silent members of this body. I have listened with
[*351] consideration and interest to the speeches of others, because 1 *am
not experienced in parhamentary matters, and I have voted upon all ques-
tions as my judgment has directed me. It would certainly have been
an idea very foreign to me, to have gone round unso.icited to the other side
of the hall and taken my seat by the side of the gentleman from Douglas,
to hear a corrupt proposition. ^Nlr. President, it was the first time a bribe
was ever offered to me, and I hope it will be the last. He offered me a
good lot if 1 would vote for Lawrence. And then he said the title should
be good; and he would make the same offer to any other Democratic
member of the Convention. I say, sir, he has sworn to a lie

The President (interposing with his hammer). The gentleman is not
in order. The Chair cannot permit this course of personal criminations.

Mr. Ingalls. Mr. President, I move that the report of special investi-
gatmg committee be placed in the files of the Convention.

Mr. Slough. Mr. President, it seems to me that something more ought
to be done than the mere filing of this report. I'll make a motion.

The President. The gentleman will reduce his motion to writing and
send it to the Secretary.

A,r. Stinson. I would move a substitute for the motion just offered,
and that is — as this is a matter of grave importance to the two gentlemen
whose character is involved, 1 move that they both be brought to the bar
and examined before the Convention.

The President. The gentleman will reduce his motion to writing.

Mr. Ingalls. Mr. President, I insist on the original motion being put,
and I wish also to add, that the committee be discharged.

The motion was agreed to.

Mr. McDowell. I suppose, Mr. President, it will not be out of order
to make a single remark upon the testimony read in the hearing of the Con-
vention by the chairman of the committee?

The President. There is no motion; but the two gentlemen from
Leavenworth are preparing matter for consideration. The gentleman can-
not proceed, except by general consent.

Mr. Stinson submitted the following:

"Ordered, that Wm. B. Hutchinson, from Douglas county, and Win.

Monday, July 25, 1859. 469

Hubbard, from Doniphau county, be brought to the bar of the House, and
examined relative to the charge made by said Hubbard against said Hutch-
inson, of an offer on the part of said Hutchinson to bribe said Hubbard to
vote for Lawrence as the temporary capital of the State of Kansas."

Mr. KiNGisi.^N. Mr. President, I do not know that I ever felt more
embarrassment in my hfe than I feel at the present moment. Unlike the
case of many whom I meet here as delegate meets delegate, my acquaintance
with these two men commenced some time before we met here. I have
known them both as men of character and veracity. And it is now clear to
my mind that there is some point of m'sunderstanding between them,
which no explanation of theirs can relieve here at this time. I know cer-
tainly, that no recapitulation of the testimony can change my opinion, and
.supposing it to be the same with others, I think we cannot get rid of it
better than by lading the whole matter on the table, and letting it rest
there. There is, manifestly, a misunderstanding somewhere.

Mr. Stinsox demanded the yeas and nays on this motion, and the vote
stood — yeas 24, nays 19 — as follows:

Ye.\s— Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. B'ood,
Crocker, Button, Hanway, Houston, Ingalls, Kingman, Lamb, Middleton,
A'cClelland. McCuUough, Preston, Palmer, Ross, Signor, Stokes, Simpson.
Townsend, Wilhams — 24.

N.\YS — ]\^essrs. Barton, Foster, Graham, Greer, Hippie, Hubbard,
[*352] Hutchinson, Hoffman, Li'He, Moore, McDowell, McCune, *Parks,
Porter, Ritchie, Slough, Stinson, Stiarwalt, Wrigley — 19.

Mr. Arthur, when his name was called, said he hardly knew enough
of the case to authorize a vote, but, belie\'ing this disposition of the case
would be the readiest way to compromise and settle it, and being anxious
to get rid of the subject and complete the work of the Convention, he
voted aye.

Mr. Griffith was excused.

So the whole subject was laid on the table.

Mr. Slough submitted the following:

Resolved, That William Hutchinson, a member of this Convention, for
an attempt to bribe a fellow-member, be expelled therefrom.

The President. The resolution is not in order^-this whole subject
having been just laid on the table.

Mr. Slough. I appeal from that decision.

The President. The question is, Shall the decision of the Chair stand
as the judgment of the House?

Mr. Slough. The Chair is right in deciding that all matters embodied
ui the resolution for raising the committee of investigation were laid on the
table. The whole subject, so far as that resolution is concerned, has been
disposed of. But I hold that there is new matter in the resolution I have
just offered and I therefore appeal.

The President. The gentleman from Brown distinctly stated the reason
for laying on the table — to prevent embarrassment and delay in the time
of the Convention.

Mr. Slough demanded the yeas and nays on the appeal, and they were
ordered and taken, resulting — yeas 27, nays 14 — as follows:

Yeas— Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Button. Graham, Griffith. Hanwav, Houston, Ins:alls. Kinzman.

470 CoNVEXTiox Proceedings and Debates.

Lillie, Lamb, Middleton, A'^cCulloush, Preston, Palmer, Ritchie, Ross, Sig-
nor. Stokes, Simpson, Townsend, Williams — 27.

Nays — Messrs. Barton, Foster, Greer, Hippie, Moore, McDowell, Mc-
Cune, >'cClelland, Parks, Porter, Slough, Stinson, Stiarwalt, Wrigley— 14.

Mr. Graham, when his name was called, said: my reason for not vot-
ing is, that I do not see the point clearly. Tf I have understood the ques-
tion, the resolution of the gentleman from Leavenworth . certainly was not
embraced in the motion to lay on the table.

The President. The motion was to lay the resolution and the whole
subject on the table.

Mr. Graham. I have a doubt on the subject. If the motion of the
gentleman from Brown covered the whole, I sustain the Chair.

Mr. Kingman (by imanimous consent). I should not be able, Mr.
President, to recall the exact phraseology, nor was I particular about that.
The object was to get clear of the whole matter. The motion was made
for that object, and intended to cover the whole. That was the sole object.

Mr. Graham. I vote aye.
So the decision of the Chair was sustained.

Mr. McDow^ELL. Mr. President, I rise to a question of privilege. In
the testin ony reported to this House by the chairman of the committee of
investigation, there was included testimony delivered by the President of
this Convention. That testimony was to the effect that some third party
had told the President of this Convention that if he would vote for the
acquisition of Southern Nebraska, he could get a section of land of such
and such value, and some other considerations. The President of this
Convention stated in his testimony that he heard this from one Chestnut,
and that Chestnut cUd not state exactly, but left the impression that this
offer proceeded from the Democratic delegation in this Convention, or
from some Democrat connected with the Convention. Now, I rise, sir,
to declare, as one of the Democratic members of this Convention, that
such an offer never came from me; that I never had any knowledge of it;
that I do not believe it was ever made; and further, that I do believe
the allegation was false, in whole and in part; that it was a simple re-
[*353] flection, that would not have been *received in a court of justice,
because it is hearsay testimony —

The President (interrupting). The Chair is under the necessity of
saying that the remarks of the gentleman do not properly come within the
scope of a question of prixilege. No allegation against the character of the
gentleman alluded to in the premises, and no such statement is needed.

Mr. Stinson. Mr. President, I rise to a question of privilege — some-
thing different from that of my colleague.

The President. Unless the gentleman rises to a question affecting him-
self, he cannot be in order.

Mr. Stinson. I do. I rise to explain a charge — or what perhaps may
be considered as a charge against me. In the testimony reported this after-
noon, it is stated that I have acknowledged that I offered certain induce-
ments to gentlemen to vote for a favorite measure of mine and of the
Democratic party here. I now rise to say that I have not denied it, and
I do not deny it, and also, to say that any man who says or insinuates
that my object in that offer was corrupt and unworthy of a member of
this body, says that which is false.

Tuesday, July 26, 1859. 471

The Prksidext (interrupting). Nobody has charged anything against
the gentleman from Leavenworth.

Mr. Stinsox. It was said that political considerations were as much
a bribe as "corner lots." I move a recess for an hour.

Mr. Parks. I move that the Convention adjourn.

Mr. Ross. There will be other reports in, in a very short time.

On a division the vote stood — affirmative, 22 ; negative, 14.

So the Convention adjourned till to-morrow morning, 8 o'clock.

Tut;sd.\y, July 26, 1859.

The Convention met at 8 o'clock, p.m.

Prayer by the Chaplain.

The absentees on the roll-call were Messrs. Blunt, Brown, Burris, For-
man, Griffith, Hippie, Hutchinson, Hoffman, Houston, Lamb, May, Mc-
Dowell, Perry, Parks, Porter, Slough, Stinson, Simpson, Thacher, J. Wright,
Wrigley, and T. S. Wright.

The journal of yesterday was read and authenticated.

FINANCE AND TAXATION.

Mr. Ingalls, from the Committee on Phraseology and Arrangement,
.■submitted the following report :

The Committee on Phraseology and Arrangement having had under con-
sideration the article entitled Finance and Taxation, respectfully submit
the following report:

Section 1, Hne 2, strike out "by law," and strike out all after "taxation''
to the semicolon. Strike out "appropriate" and insert "at least" before
"two hundred." Strike out "head of a" before "family."

Section 2, strike out "by law."

Section 3, transfer "each year," and insert "provide" in the first line.

Amend section 4, and read: "No tax shall be levied except in pursu-
ance of a law, which shall distinctly state the object," &c.

Section 5, line 15, after "pajTnent" transpose and read: "Pa>Tnent of
the principle thereof when it shall become due."

Section 6, line 2, strike out "elsewhere." Line 4, strike out "this" be-
fore "State," and insert "the." Before the words "proposed law" in hues
6 and 10, change "said" to "such." Ingalls, Chairman.

On motion by Mr. Button, this report was taken up and considered
by sections.

The several amendments and modifications reported were concurred
in, and so the article, as a whole was adopted without further amendment,
and referred again to the same committee for arrangement and endorse-
ment [enrollment].

[*354] *Mr. TowNSEND moved a recess of one hour, to aw^ait further
reports from the Committee on Phraseology and Arrangement.

And accordingly the Convention took a recess.

The President resumed the chair at the close of the term of this recess.

LEGISLATIVE DEPARTMENT.

Mr. Ingalls. Mr. President, in behalf of the Conmiittee on Phraseology
and Arrangement, who have had under consideration the article on the
Legislative Department, I submit the following report:

472 Convention Proceedings and Debates.

Section 1. Read "the State" for "this State."

Section 2. Change numerals "75" to words. In the 4th and 6th lines,
strike out "under this Constitution." In line 1, after "House," insert
"of Representatives."

Section 3, in 13th and 15th lines, strike out "us per diem allowance."
Section 4. Read "No person shaU be a member of the Legislature who
is not," &c.

Section 5. Read "No member of Congress or officer of the United
States shall be," &c. In hne 4, read "If any person after his election to the
Legislature shall be," &c.

Section 6. Strike out "hereafter," in the first line. Read "an" instead
of "on."

Section 7, line 1, read "All State officers." In line 2, strike out "the
duties of." In 3d line, strike out "offices," and insert "duties." Insert
"and" before "the Constitution" in line 5. In last line but one strike out
all after "offices."

Sec. 8. In hne 2, strike out "so do business." Read, "Each House shall
establish its own rules and shall be the judge," &c. Strike out all after
■'members."

Sec. 9. For "which may occur" read "occurring." Strike out all aft^r
"election."

Sec. 10. Strike out all after the word "resolution" in the 5th hne to the
period.

Sec. 11, hne 3, strike out the word "thereof" after "resolution."
Sec. 12. For "to" read "by."

Sec. 13. Strike out all after the word "resolution" in line 4.
Sec. 14. Read, "Every bill and joint resolution passed by the House of
Representatives and Senate, shall, within two days thereafter, be signed by
the presiding officers and presented to the Governor; if he approve, he
shall sign it; but if not, he shall," &c. In the 7th hne, change "who" to
"which." In the 9th line, for "bill" read "snme." For "but in ah cases"
read "but in all such cases." Enclose "Sundays excepted" in parentheses.
Strike out "the same" after "Governor," and read "it." Read "become a
law," for "be a law," in the last line, and last line but four from close to
section. In 11th line insert "or resolution," after "bill."

Sec. IS. The committee recommended the reference of this section to
the Committee on Miscellaneous and on Corporations and Banks and
Currency — to strike out entire, and read:

"Sec. 18. All power to grant divorces is vested in the District Courts,
.subject to regulations by law."

Sec. 19. For "enforced" in two places, read "in force."
Sec. 22. Insert dashes after "arrest" and " peace."
Sec. 25. Strike out "ISth," and insert "record."

Sec. 28. Strike out "or" before "honor." Strike out "and," and insert
"''"t." Ingalls, Chairman.

On motion it was ordered that this report be now considered by sections.

The amendments and modifications reported were severally agreed to,
and the question being on the adoption of the article as a whole —

Mr. Hutchinson. Mr. President, I know that these are merely verbal
amendments, but in the 13th section the last half is stricken out. 1 suppose
This is provided for somewhere else.

The President. It is provided for in the 14th section.

Mr. Greer. Mr. President, I move a reconsideration of the 3d section

Tuesday, July 26, 1859. 473

[*3.55] of the article, for the *purpose of making a reduction in the num-
ber of the Representatives and Senators; and 1 call for the yeas and nays
on the question.

The motion was rejected — affirmative 15, negative 15.

A voice. The yeas and nays were demanded.

The President. The yeas and nays were not demanded in the hearing
of the Chair.

The article was then adopted and passed as a whole, and under the
rule, it was ordered to be referred aeain to the Committee on Phraseology
and Arrangement, for arrangement and enrollment.

PRIVILEGE.

Mr. Barton submitted the following:

"Resolved, That the courtes'es of the Convention be extended to thr;
Honorab'e E. S. Townsend and Judge Means, and that they be invited to
seats within the bar."

Mr. Greer proposed to insert the name of Gen. Strickler.

Which was agreed to, and so the resolution was adopted.

THE JUDICIARY.

Mr. Kingman. Mr. President, it seems to me that some time last
week the Committee on Phraseology' and Arrangement passed upon the
Judiciary report. I would like to know its condition?

Mr. Ingalls. That report is still in the hands of the Chairman. It
will be ready for submission to the Convention in the course of the fore-
noon.

The President. What is the further pleasure of the Convention?
Mr. Hutchinson. Mr. President, as the Committee of Ordinance have
business before them, I move an adjournment till 11 o'clock.
The motion was rejected.
The Convention then took a recess till 11 o'clock, a. m.

the judiciary.

The President resumed the Chair at 11 o'clock.

'^"r. Ingalls. Mr. Pres-dent, in behalf of the Committee on Phraseoiosy
.and Arrangement, which had the article on the Judiciary under considera-
tion, I submit the following report:

"Section 1. After 'District Courts' read 'Probate Courts.' After 'in-
ferior,' for 'of read 'to.'

Sec. 2. Transpose and read: "The Supreme Court shall consist of one
chief justice, and two associate justices, who shall be elected by the elec-
tors of the State at large, and a majority of whom shall constitute a
quorum. And at the first election imder this Constitution,' &c. After
'two years' put a semicolon.

Sec. 3. Before 'habeas corpus' read 'and.' In the 5th line strike out
"in' after 'term.'

Condense sections 4 and 5 to read as follows:

'Sec. 4. There shall be appointed by the justices of the Supreme Court
a, reporter and clerk of said Court, who shall hold their offices two years,
and whose duties shall be prescribed by law.'

474 CoxvEXTiON Proceedings and Debates.

Sec. 6. After the words 'four years,' read: 'District Courts shall be
held at such times and places as may be prescribed by law.'

Sec. 8. For 'one clerk,' read 'a clerk.' Strike out 'for' before 'two.'
Strike out 'such as,' in the last line but one.

Sec. 9. Strike out 'for' before two years. For last clause read: 'He
shall be his own clerk, shall hold Courts at such times, and receive for
compensation such fees as may be prescribed by law.'

Sec. 10. Strike out 'as may be presented.'

Sec. 13. Strike out 'according to law.'

Sec. 14, line 9. Strike out 'hereof,' after 'pledge,' and before 'Judges/ in
same line read 'Justices or.'

Sec. 15, line 4. Strike out 'therein.'

Sec. 16. Strike out 'concurrent,' before 'resolution.' Strike out 'therein'
after 'concur.' Strike out 'thereof,' in the last hne.

Sec. IS. Strike out 'by authority,' and strike out in the last line the
words, 'of Kansas.'

Sec. 21. Strike out 'thereof in the last line but one, after 'Judge.'

Ingalls, Chairman."
[*356] *The report lies on the table.

PERSONAL explanation.

Mr. McDowell. Mr. President, I rise to make a strictly personal
explanation. On yesterday I rose to a question of privilege, and in re-
ferring to certain testimony by the President of this Convention, I am
understood by my colleague who sits beside me (Mr. Parks) as having
expressed myself in such a way as to reflect invidiously upon the state-
ments of the President. Now I wish to say that 1 intended no such thing.
I think, in justice both to the Chair and myself, perhaps, I should make
this statement. I simply referred to a rumor that the President swore
came through a third person to him — that that rumor was untrue. I cer-
tainly did not intend to impeach the testimony of the President of this
Convention.

The President. The language of the gentleman might have been pos-
sibly understood as somewhat reflecting upon my statements; but they
were not so understood by me.

ACCOUNT OF STATIONERY, «feC.

Mr. N. C. Blood, from the Committee on Accounts, submitted a report
on the bill of the Sergeant-at-Arms, which lies on the table.
(It is a bill of items — stationery, &c., for the Convention.)

MR. HUBB.\Rd's protest.

Mr. Hubbard. Mr. President, I submit the following, and ask that it be
spread upon the journal:

(This protest has not been received by the printer.)

The President. Under the rules of the Convention, the protest lies
on the table till to-morrow.

THE JUDICIARY.

On motion by Mr. Kingman, the Convention proceeded to the con-
sideration of the Phraseology Committee's report on the Judiciary article.
(It is printed in the proceedings of this morning.) .

The several modifications having been concurred in —
Mr. Stinson. Mr. President, in the 4th line from the bottom of sec-
tion 2, the word 'six' should be stricken out, and the word 'two' inserted.

Tuesday, July 26, 1859. 475

Mr. Kingman. That section is not right yet. It does not provide for
the ejection of a chief justice after the first term. I move that the section
be referred back to the committee.

Mr. McDowell. I think the 9th section should provide a seal for the
probate judge. I move the recommitment of that section also.

The 2d and 9th sections are as follows:

"Section 2. The supreme court shall consist of one chief justice, and
two associate justices, the majority of whom shall constitute a quorum,
who shall be elected by the electors of the State at large, and at the first
election under this Constitution, there shall be chosen a chief justice for
the term of six years, one associate justice for the term of four years, and
one for the term of two years, and every six years thereafter, except when
a chief justice is to be elected, an associate justice shall be elected for
six years.

Section 9. There shall be a probate court in each county, which shall
be a court of record, and have such probate jurisdiction and care of es-
tates of deceased persons, minors, and persons of unsound minds, as may
be prescribed by law; and shall have jurisdiction over cases of habeas
corpus. This court shall consist of one judge, who shall be elected by
qualified voters of the county and hold his office for two years. He shall
be his own clerk, and shall hold courts as often as may be prescribed by
law. The compensation of such judge shall be such fees as may be pre-
scribed by law."

The amendment was asreed to, and then the motion prevailed, and the
sections were accordingly recommitted.

The remainder of the article was laid on the table.

[*357] *APP0RTI0NMENT.

Mr. Preston, for the Committee on Apportionment, submitted the fol-
lo\>ing report:

"Section 1. In the permanent apportionment of the State, each or-
ganized county shall have at least one Representative; and each county
shall be divided into as many Districts as it has Representatives.

Sec. 2. It shall be the duty of the first Legislature to make a per-
manent apportionment, based upon the census ordered by the last Legis-
lative Assembly of the Territory; and a new Apportionment shall be made
in the year 1S66, and every five years thereafter, based upon the census
of the preceding year.

Kep. Sen.

1st Dist. Doniphan 4 2

2d " Atchison and Brown fi 2

3d " Nemaha, Marshall and Washington. . . 2 1

4th " Clay, Riley and Pottowatomie 4 1

5th " Dickinson, Davis and Waubonsee 3 1

6th " Shawnee, Jackson and Jefferson 8 2

7th " Leavenworth 9 3

8th " Douglas, Johnson and Wyandot 13 4

9th " Lykins, Linn and Bourbon 9 3

10th " Allen, Anderson, and Franklin 6 2

nth " Woodson and Madison 2 1

476

Convention Proceedings and Debates.

Rep.

Sen.

12th Dist. Coffey, Osage and Breckenridge 6

13th " Morris, Chase and Butler 2

14th " Arapahoe, Godfrey, Greenwood,

Hunter, Wilson, Dorn and McGee. . 1

Mr. McDowell. I ask leave to submit a minority report from the
same committee, which by the indulgence of the Convention, I will read:

"We whose names are hereto attached being a minority of the Committee
on Apportionment and unable to agree to the majority report, because we
regard it as both partisan and unjust, beg leave to present the following
report :

First; we regard population as the only correct basis of an apportion-
ment, and therefore, without having; before us an estimate or census of the
population we cannot agree with the majority of the committee in mak-
ing acres and square miles a basis. That report nominally gives to each
county a representative, and yet by attaching Democratic counties with
some overwhelming Republican county they give, as in the case of Doug-
las, Wyandotte and Johnson an aggregate representation, that enables the
Republican county to select and elect all the representatives, thus prao-
tically ignoring the rules adopted of giving each organized county a
representative.

Second; the census not being before us the committee determined that
the present voting population of each county, as given in by the represent-
atives of the respective counties and districts, should be the basis, thus
giving the power to enlarged consciences [constituencies] to secure a repre-
sentation that might come up to the standard of political necessities.

Third; still insisting upon population as the true basis of representa-
tion; and still satisfied that square miles should not be the basis of an
apportionment, we yet submit upon the basis adopted by the Convention,
giving to each organized county a representative, the following apportion-
ment as much more just and fair than the one presented by a majority of
The committee:

Rep.

FrankHn I

Lykins 3

Linn 3

Anderson 1

Madison 1

Coffey 3

Bourbon 3

Allen 2

Woodson 1

Greenwooil, Dorn, Wilson, God-
frey, and McGee 1

Rep.

Doniphan 6

..................... 1

& Washington 1

Brown
Nemaha
Marshall
Riley & Clay
Pottawatomie
Jackson ....

Jefferson 3

Atchison 5

Leavenworth 11

Wyandotte 2

[*358] ^Johnson 3

Douglas 7

Shawnee 4

Waubonsa 1

Davis 1

Dickinson & Arapahoe 1

Morris 1

Case, Butler and Hunter 1

Breckenridge 2

Osage 1

tV: Brown

Washington, Riley &

Doniphan
Doniphan
Marshall,

Clay .,
Jackson, NemaJia & Pottawat

omie

Jefferson

Atchison

Sen.
. 1

1
1
1

Tuesday, July 26, 1859. " 477

Sen. Sev.

Leavenworth 3 Lykins 1

Wyandotte 1

Johnson 1

Douglas 2

Shawnee and Waubonsa 1

Dickinson and Arapahoe 1

Breckenridge and Osage 1

Frankhn and Anderson 1

Linn

Madison, Hunter, Godfrey &

Greenwood 1

Coffey 1

BourlDon & McGee 1

Allen, Woodson, Wilson & Dorn, 1

Respectfully submitted,

W. C. McDowell,

Eph. Moore,

J. M. Stl^rwalt."

These reports lie on the table.

Mr. Slough submitted the following:

"W^HEREAS, William Hutchinson, a member of this Convention, is charged
by another member with perjury, in falsely swearing before a committee
raised to investigate charges of bribery, therefore,

Resolved, That a committee of five be appointed for the purpose [of]
investigating such charge, with power to send for persons and papers,
and with instructions to make their [report] this afternoon."

Mr. Slough demanded the yeas and nays on the adoption of this reso-
lution, and the House sustaining the call, the vote was taken resulting —
yeas 23, nays 14, as follows:

Yeas — Messrs. Barton, Burris, Crocker, Dutton, Foster, Graham, Greer.
Griffith, Hanway, Hoffman, Lillie, Moore, McDowell, McCune, McClelland,
Palmer, Parks, Ritchie, Slough, Stinson, Stiarwalt, Simpson, Williams — 23.

Nays — Messrs. Arthur, Burnett, Blunt, J. Blood, N. C. Blood, Houston.
Ingalls, Middleton, McCullough, Preston, Ross, Signor, Stokes, Townsend
—14.

So the resolution was adopted, and thereupon the President announced
the following committee:

Messrs. Slough, Graham, Jas. Blood, Lillie and McCune.

apportionment of represent.ation.

On motion by Mr. McDowell, the Convention took up the considera-
tion of the report of the Committee on Apportionment.
Mr. Grahaj,!. Mr. President, I move its adoption.

Mr. McDowell. 1 desire to make a motion to go into the Committee
of Whole on the majority report.

The latter was rejected — affirmative 13, negative 18 — and the ques-
tion recurred.

Mr. McDowell. I hope, sir, that the Convention will not adopt the
majority report. In the first place, the Convention instructed this com-
mittee to adopt as a basis for an apportionment the rule that each or-
ganized county in the State should have a representative. The Committee
on Apportionment was instructed to act by that rule. In the report they
have submitted, I claim, in the first place, that they have not confined
themselves to the instructions of the Convention — they have not given to
each organized county in the Territory one representative. Seemingly
they have done so — but in fact, they have not. I see, for instance, that
to Atchison and Brown counties are given six representatives. It is well

478 CoN\TNTiON Proceedings and Debates.

known, that the population of Atchison is much more numerous than the
population of Brown, and the consequence will be, that the people in
Atchison will be able, in all their Conventions, to select all their six candi-
dates for representatives, and elect them. But there is yet a more strik-
ing instance of their disregard of the instructions of the Convention than
this. By this majority report the counties of Douglas, Johnson and Wyan-
dotte are to have thirteen representatives. Now, it is well known that the
political complexion of Wyandotte county is Democratic. It is believed
[*359] that the political complexion of John-son county is Democratic.
But the political complexion of Douglas county is overwhelmingly Repub-
Hcan. Thus this entire representation is practically given to Douglas
county. Douglas county may nominate and elect the whole thirteen, in
spite of Wyandotte and Johnson. Then, if the Convention means to be
true to itself, it cannot adopt the majority report. The orisinal report of
this committee gave to Douglas county seven, to Wyandotte two, and
Johnson three — making twelve. Douglas county, in that report, had some-
thing like a fair representation of her present votmg population. But this
report practically increases the number of representatives for Douglas from
seven to thirteen, and practically disfranchises the two smaller counties of
Johnson and Wyandotte. And so it is throughout the whole scheme. I
undertake to say that this report is a scheme gotten up for political pur-
poses, to prevent the Democratic party from having the control, by any
possibility, in the Legislature. In the first place, this report selects not
the population of the Territory [as] a basis; but starts out with the rule
that would give to each county one representative, and then they seem to
have acted upon the rule to so gerr^^nander as to disfranchise all the
Democratic counties except two — Doniphan and Leavenworth, in order to
secure an overwhelming Republican majority in the Legislature. I hope
this will not be adopted, because it is unjust and unfair — because the com-
mittee have not proceeded upon any just basis. I think the Convention
ought to act fairly by the minority. I undertake to say that Democratic
voters and Democratic counties ought to be respected in this matter; and
I for one shall enter my hearty protest against their disfranchisement. I
know there has been no census reported here. I am willing to admit that
difficulty at the threshold. I know that we can only approximate to fair-
ness and justice by taking the statements of gentlemen here as to the vot-
ing population. The only just basis is population. The only just way of
proceeding is [to] ascertam the population; determine that such a ratio
shall be entitled to a representative, and then [it] is nothing but a mere
matter of arithmetic. I know that we cannot get at the truth exactly,
but we can get an estimate of population as exact — perhaps more exact
than the vote. But in the absence of anything better, why not take the
proclamation of the Governor, containing the list of all the votes cast for
members of this Constitutional Convention. Take that and adopt any
rule of distinction except that adopted by this committee, and some sort of
justice will be done to the Democratic portion of the people.

Mr. Graham. This question, sir, has to my mind taken a very strange
position. Look at the history of the matter in this body. My recol'ection
of the proceedings is this: this body, upon a resolution offered by myself,
instructed the committee on apportionment to apportion the Territory for
members of the Legislature — the House and Senate — so as to give at least
one member of the House to each organized county in the State upon com-
ing into the Union. Carrying out that instruction of this House, the com-

Tuesday, July 26, 1859. 479

mittee went on in good faith to apportion the Territory for Representa-
tives and Senators — gi\'ing to each organized county at least one member.
And, sir, when the report was introduced here, what was the result? We
were met here by the assertion of the gentleman from Leavenworth (Col.
Slough) that our report was unfair and unjust. And that gentleman
moved a resolution with an order to refer the report back again, with in-
structions that the committee should make an apportionment u] on popu-
lation, and not upon counties. That is the history of the proceedings thus
far. Well, the committee met again, and I there proposed that this body
should elect a board of commissioners, who should go on and make the
[*360] apportionment for members of the Legis^lature, and the gentle-
man from Leavenworth who has just taken his seat opposed it, tooth and
toe-nail. Kow, sir, what were we to do? We have, in accordance with in-
structions, gone on and made an apportionment upon the basis of popula-
tion. What are the facts? The counties of Atchison and Brown were
attached together for what purpose? For an honest purpose — that large
fractions of the ratio of voters might not be disfranchised on the floor of
the Legislature under this Constitution. We found, when we came to
make the calculations for apportionment, that Brown county had six hun-
dred voters — not enough to entitle her to two members, but a large frac-
tion over one — nearly entitling her to two. And she had not population
enough for one Senator. Atchison had a population entitling her to five
representatives, and Brown was entitled to one and over. Atchison was
entitled to one Senator, but had not population enough for two; but, at-
taching Brown, there was made a just and honest apportionment of six
representati\'^s and two senators. So that, by attaching these two coun-
ties, we have carried out in good faith the instructions for a representation
upon population. Then for gentlemen to come in here and brand that
as a fraud which we have done under express instructions of the body, I
say it is inconsistent and uncalled for, and done for buncombe. We have
left them alone in all their dory in Leavenworth and Doniphan. (Laughter.)
I hope the Convention will come up to the work and adopt this report.
for it is a just and fair report — it presents the only basis upon which there
can be any tolerable approach to a fair representation in the first Legis-
lature.

Mr. Stinson. Mr. President, I think this committee on apportionment
has made the most unfair report that has ever been submitted with refer-
ence to the interests of the people of Kansas. Under ordinar\^ circum-
stances I would not think of accusing my friend from Atchison with the
perpetration of a jest ; but it does seem to me here that they attempted a
good thing for a laugh. They made one report before this, and some
laughed at it and others were offended, and it was kicked out. Now they
have made another, which is still a better joke. In the same vein of humor
in whi"h this report seems to have been gotten up, I shall propose some-
thing like the following amendment, by way of substitute:

"Whereas, the maiority of this Convention are deeply impressed with
the necessity of securing a majority in the Legislature of Kansas; and
whereas, the 'sisns of the times' ind-cate that the people are unwi'UnQ: to
assist us in accomplishing this laudable object ; and whereas, the time has
arrived when every species of political skullduggery must be resorted to,
in order to secure the State against the Democracy; therefore, be it

Resolved, That, for the purpose of neutrahzing the Democratic vote of
Wyandotte and Johnson counties, the staunch Repubhcan county of
Douglas be annexed thereto.

480 Convention Proceedings and Debates.

Resolved, That, for the purpose of neutralizing the Democratic majori-
ties of Jackson and Jefferson counties, the RepubUcan county of Shawnee
be annexed thereto.

Resolved, That a similar regard for the interests of the Eepublican
party and disregard for the interests of the people, be followed throughout
this apportionment."

Now, sir, I think the good sense of this Convention will bear me out in
the assertion, that such would be a just preamble and setting forth of such
an apportionment. I believe it must have been reported in jest, and so I
trust it may be received; for it seems to me that, to say the Convention
can be seriously desirous of inflicting such an apportionment upon the
people, is to insult the honesty and good sense of the body. I have ex-
amined it to see if there had been any just rule followed — any natural con-
nection of interests, but 1 have foimd it to be simjily an apportionment
for the purpose of subserving the interests of party, and no man who
[*361] looks at it, not *as a partisan, can perceive in it any other pur-
pose— if it be not taken as a piece of broad humor. But my worthy friend
says: "We have left you your strongholds — Leavenworth and Doniphan."
Aye, sir, they left them because they dare not touch them. The commit-
tee knew that they might tack on any county in the Territory and we
would give them Democratic representatives from these districts. Sir, the
idea is ridiculous that the Convention shouM seriously entertain this ma-
jority report, and I move to lay it on the table.

Mr. Slough demanded the yeas and nays, and the same being seconded,
ordered and taken, resulted — yeas 14, nays 27 — as follows:

Yeas — Messrs. Barton, Foster, Forman, Greer, Hubbard, Moore, Mc-
Dowell, McCune, McClelland, Parks, Ross, S'ough, Stinson, Stiarwalt — 14.

Nays — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Dutton, Graham, Griffith, Hanway, Hoffman, Houston, Ingalla,
Kingman, Lillie, Lamb, Middleton, M^Cullough, Preston, Palmer, Ritchie,.
Signor, Stokes, Simpson, Townsend, Williams — 27.

So the Convention refused to lay on the table, and the question recurred
on adoption.

Mr. J. Blood demanded the previous question, and there was a second-
Mr. Slough demanded the yeas and nays, and they were ordered, and
being taken on the main question, to-wit: "Shall the main question be
now put?" — the result was — yeas 26, nays 15 — as follows:

Yeas — Messrs. Arthur, Burnett. Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Dutton, Graham, Griffith, Hanway, Hoffman, Houston, Ingalls,
Kingman, Lillie, Lamb, Middleton, McCullough, Preston, Ritchie, Signor,
Stokes, Simpson, Townsend, Williams — 26.

Nays — Messrs. Barton, Foster, Forman, Greer, Hubbard, Moore, Mc-
Dowell, McCune, McClelland, Palmer, Parks, Ross, Slough, Stinson, Stiar-
walt—15.

So the main question, viz: Shall the report be adopted? was ordered.
Hereupon followed a call of the House, demanded by Mr. Stinson, which
discovered forty-two members present.

Mr. Slough raised a question of order, upon which he alleged that a
motion to lay an amendment on the table, if successful, carried the original
with it. The Chair holding that the parliamentary rule also justified the
question or the amendment alone. But, in the foregoing, the Chair in-

Tuesday, July 26, 1859. 481

sisted that both motions were subsidiary, and that there was no main
question upon which an amendment could have been apphed.

Mr. Slough appealed from the dicision, and demanded the yeas and
nays, and they were ordered.

Mr. Ross. Mr. President, I wish to be excused from voting on this
question. It is but an effort to stave off the final vote upon the report of
the committee. I perceive that the report is to be put through under the
party lash, and further resistance would be useless. Much as I regret to
differ with my political friends, I must denounce this measure as unfair
and unworthy of the support of Republicans. I am ready for the vote
upon the main question. If gentlemen wish to throttle the Republican
party of Kansas and damn themselves, let them urge this measure; but I
will not be a party to the scheme.

Mr. Ross was excused.

Mr. Arthur was also excused from voting.

The vote on the api)eal was then taken and reported — yeas 25, noes 13 —
so the decision of the Chair was sustained as the judgment of the House.

Mr. Stinson. Mr. President, the hour of adjournment (12 o'clock, m.)
has arrived.

The PRFsmEXT. The ruling and precedents are, never to adjourn while
a question is pending. We are still under the force of the previous ques-
tion. The Chair has not the least objection to adjournment — in fact de-
sires it ; and if no objection is made, he will adjourn till 3 o'clock.
[*362] *Mr. Graham. I object.

The PREsmENT. Then we cannot adjourn. The main question is on the
adoption of the report of the committee on apportionment.

Mr. Stinson. I appeal from that decision.

The President. It is for the purpose of consuming time.

Mr. Stinson. The Chair has no right to construe my motives.

The President. Will the gentleman give his reason and authorities for
the appeal?

Mr. Stinson. If the Chair will give me a reasonable time, I will.
(Laughter.)

Mr. Graham. It is self-evident that this is only for the purpose of de-
laying time.

Mr. Ritchie. I move an adjournment.

The President. If there is no objection —

Mr. Stinson. I object. (He then proceeded to read and ground his
appeal upon Cushing's unabridged work on the Rules and Regulations of
Deliberative Assemblies.)

Mr. Ingalls. I move that the Convention take a recess till 1 1-4
o'clock.

The motion was agreed to —

Mr. Slough objecting, and claiming the floor.

So the Convention took a recess till 1:15 p. m.

.31 — 778

482 Convention Proceedings and Debates.

AFTERNOON SESSION.

The President resumed the Chair at a quarter past one o'clock, and
announced the main question, viz: Will the Convention concur in Mr.
Graham's motion to adopt the report of the majority of the committee on
Apportionment ?

Mr. Slough demanded the yeas and nays, and they were ordered.

Mr. FoRMAN. I desire to present the reasons for my vote.

The President. The Chair cannot permit an explanation under the
rules.

The vote was reported — yeas 26, nays 15 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Button, Graham, Griffith, Hanway, Hoffman, Houston, Installs,
Kingman, Lillie, Lamb, Middleton, McCullough, Preston, Ritchie, Signer,
Stokes, Simpson, Townsend, WiUiams — 26.

Nays — Messrs. Barton, Foster, Formnn. Greer. Hubbard, Moore, Mc-
Dowell, McCune, McClelland, Parks, Porter, Ross, Slough, Stiarwalt,
vStinson — 15.

So the report was adopted without amendment.

Mr. Graham. Mr. President, I move to reconsider the vote just taken,
and to lay that motion on the table.

Mr. Slough. I demand the yeas and nays: and they were ordered and
taken, resulting — yeas 24, nays 16 — as follows:

Yeas — Messrs. Arthur, Burnett, J. Blood, Blunt, Burris, N. C. Blood,
Crocker, Dutton, Graham, Griffith, Hanway, Hoffman, Ingalls, Kingman,
Lillie, Lamb, Middleton, McCullough, Preston, Ritcliie, Stokes, Simpson,
Townsend, Williams — 24.

Nays — Messrs. Barton, Foster, Forman, Greer, Hubbard, Houston,
Moore, McDowell, McCune, McClelland, Parks, Porter, Ross, Slough,
Stinson, Stiarwalt — 16.

So the latter motion of Mr. Graham was agreed to.

On motion by Mr. Kingman, the Article was referred to the commit-
tee on phraseology and arrangement, for arrangement and enrollment.

Mr. McDowell. Mr. President, on behalf of the minoritv of the Con-
vention, I give notice, that we desire to have a protest, which we will pre-
pare against this action, and desire to have the same entered upon the
journal.

schedule.

The President. What is the further pleasure of the Convention?

Mr. Foster. Mr. President, I move to take up again the Article re-
])orted from the committee on Schedule.

The motion was agreed to, and the report was taken up accordingly.

On motion by Mr. Stinson, the Convention resolved into committee
of the whole — Mr. Foster in the Chair — and the said Article (it being
[*363] *a continuation thereof, as furnished in a second report from the
standing committee) was taken up and considered by sections.

Section 9 was read by the Secretary, viz:

"No debt of the Territory shall be assumed by the State, except by a
law passed by a vote of two-thirds of each branch of the Legislature."

Tuesday, July 26, 1859. 483

Mr. McDowell. I would inquire of the chairman of the committee on
Schedule, what has become of the former part of the report ?

Mr. BuRRis. The committee made their first report on the 15th. There
were ten sections presented, and eight of them were acted on. When we
were in committee of the whole before on this report, eight sections were
adopted, with amendments, and whilst the matter of this ninth section was
being considered, the committee rose.

The Chairman. Sections 9 to 21 inclusive are now before the Con-
vention.

Mr. J. Blood. Mr. Chairman, I move to strike out that section.

Mr. McDowell. Mr. Chairman, this section has already elicited some
discussion; and the gentleman from Douglas (Mr. J. Blood) is now ready
to make a speech against the section as it now stands. The reasons he
gives — and they are obvious reasons — are, that some of these claims re-
ported by the Claim Commissioners are so complicated by the act of the
Territorial Legislature, in connection with the act of a certain Territorial
officer, that, in some sense, they may be claimed to be State debts. I
apprehend, that it is not the desire here to saddle these claims upon the
State, and it is to avoid the payment of those claims by the State, that this
.section has been introduced. Now, if the general government should refuse
to take upon itself the Territorial habilities, all these claims will have to
be paid by the new State — and no doubt will be paid; for if they are just
and proper, they can get readily a two-thirds vote of the Legislature to
sanction them. And those debts which ought not to be paid should have
that safeguard thrown against them. Indeed, I would be in favor of a
four-fifths vote. I certainly could not vote for less than two-thirds. I
think there is an obvious propriety in sustaining this section.

Mr. J. Blood. Mr. Chairman, I can see no propriety in the adoption of .
a section of this character. It is repudiating the debts of the Territory.
If I am correctly informed, the debts of the Territory cannot become the
debts of the State, without the action of the State agam. In the Article
on Finance and Taxation I believe there is a provision to the effect, that
no debt shall be contracted by the State, beyond a certain amount, with-
out being first submitted to a direct vote of the people. If this debt of
the Territory cannot become a debt of the State, without some act of the
State, I think there is no danger, so long as the proposition would have to
be submitted to the people. 1 see no reason for repudiating the debts of
the Territory now; and for that reason I moved to strike out the section.

Mr. Graham. Mr. Chairman, I agree with my friend from Leaven-
worth (Mr. McDowell) in this matter; and I disagree ^nth mv friend
from Douglas (Mr. J. Blood) that this is a repudiation of the debts of the
Territory. For it is well known, that by that Territorial act, these claims
were not to become debts of the Territory, until they should be submitted
and passed upon by the Legislature. The Commissioners were to take the
testimony and submit it to the future Legislature, and they were not to be
debts of the Territory until the IjCgislature should pass upon them. But I
am told, sir, that, in violation of that law, the Auditor has drawn his war-
rant for those claims, and that these warrants have become funded in the
hands of the Com.missioners as bona fide debts of the Territory. There-
fore I say, it is due to the people, that we should guard this matter as
proposed in the section.

Mr. Houston. Mr. Chairman, I rise to ask the committee to pause
before they take a step fraught with consequences which I see in this

484 Convention Proceedings and Debates.

[*364] *clause. For T am free to say, that the adoption of such a sec-
tion would be equivalent to a repudiation of our debts. Before we com-
mence contracting debts, shall we commence repudiating? Are we pre-
pared for anything of this kind? — to say that the debts of Kansas shall
not be paid, unless they can pass by a two-third vote of the Legislature?
For my part, I shall hesitate a great while first; and unless I see more
light than falls upon it now, I shall be compelled to vote for striking out.
If by any hook or crook of the Legislature, oi' action of the government
officers, there has been a certain amount of debt fastened upon the Terri-
tory, still I will not throw it off by repudiation. Repudiation can do noth-
ing but harm. It will only strike down our credit. Gentlemen cannot be
willing, at this particular point in our organization, to commence a career
of repudiation! The public indebtedness cannot be changed by this. If a
debt has been fastened upon us legally, we must meet it legally. I under-
stand that this Convention is going to ask Congress for an appropriation
for this purpose. But it does not follow, if the appropriation is not
granted, that we should pay it. Why then strike down our credit? The
very bonds that we get here — v.^orth thirty-five cents — must they be
stricken down lower?

Mr. Bll'NT. Mr. Chairman, I certainly agree with my friends from
Leavenworth and Atchison (^ essrs. McDowell and Graham) in the view
they take relative to throwing out these claims — that they are not to be
sold, and the Territorj^ cannot be made to assume them without the con-
sent of a majority of two-thirds, or, as I would prefer it, without the con-
sent of the people. 1 think that there should be some distinction made
between debts of the Territory arising from this source, and other debts
that have been legitimately contracted. It is very probable that, UT)on our
admission, all the legitimate debts of the Territory will be assumed by the
general government. But if such should not be the case, 1 presume that
no gentleman can desire that Kansas should repudiate her just debts.
Hence I think we should make some provision, whereby there will be a
proper discrimination made between debts that properly belong to the
Territory and those that may grow out of these awards of the Commis-
sioners of Claims. For I agree with my friend from Atchison (Mr. Gra-
ham) that in the matter of these claims there certainly has been some-
thing wrong — that the spirit of the law has been violated. For I be-
lieve that it has never been contemplated, that these claims for losses
in 1856, should become funded debts of the Territory; and I think, that
in drawing his warrants for them on the Treasury, the Auditor has cer-
tainly transcended his duty; and I have prepared a section which I think
meets the case and makes the proper distinction, which I will offer as a
substitute for the 9th section:

"All debts of the Territory shall be assumed by the State, except such
indebtedness of the Territory as may grow out of the awards of the Com-
missioners of Claims appointed under the act of the Territorial Legisla-
ture, approved February 7, 1859, which indebtedness shall not be assumed
by the State except as shall be hereafter provided by law; and no law
providing for the payment of said claims shall have any force or efi'ect,
until it shall have been first submitted to the people at some general elec-
tion, and shall have received a majority of all the votes cast."

Mr. BuRHis. Mr. Chairman, I object to the amendment of the gentle-
man from Anderson (Mr. Blunt) for the reason that it assumes the debts
that may grow out of the awards of Claims by the Commissioners.

Tuesday, July 26, 1859. 485

The Chairman. It has received no second.

Mr. BuRRis. Then I am upon the motion to strike out. Being a mem-
ber of the committee on Schedule, at the time this section was inserted,
with a very hmited knowledge of the matter, I was at first rather in favor
of the insertion of the section. But my knowledge is still very limited in
the matter — so limited that I am not so well prepared to pass upon it as I
[*365] could de*sire to be; but after the best reflection I can bestow
upon it, my judgment is, that the section ought to be stricken out. The
section provides that "no debt of the Territory shall be assumed by the
State, except by a law passed by a vote of two-thirds of each branch of
the Legislature. That would strike just as directly at all the other debts
of the Territory, as it would at those assumed or supposed debts which
may grow out of these awards. If there are just debts against the Terri-
tory— and we all know there are — the section would preclude the Legis-
lature from passing a law for the liquidation of those just debts without a
two-thirds majority of all the members of each branch — just as much an
impediment to the passage of a law for the payment of the just as the im-
just debts. Again: from the best information I can gather — the words of
the gentleman from Atchison — I do not consider that the awards of these
Commissioners constitute a debt against the Territory at all.

Mr. Graham (interrupting). If the law had been carried out in good
faith, certainly they would not have constituted debts of the Territory.
But I say the Auditor has drawn his warrants on the Treasury in favor of
these awards to the extent of one hundred thousand or one hundred and
ten thousand dollars, and this amount has become funded.

Mr. BuRRis (resuming). Some take the position, that these are debts
of the Territory, others that they are not. My position is this: What-
ever debts the Territory may have contracted — foolishly or wisely — if they
are debts — in any amount — and 1 care not for what purpose contracted —
I am not prepared to say, that the State Legislature shall not pass a law
for the payment of those debts. My own opinion is. that these awards do
not constitute a debt against the Territory; but if they do, I beMeve that
the Territory ought to pay them. Looking at it in every shape it can
have, it seems to me, that it would be manifestly improper to have a sec-
tion in the Constitution providing that no debt of the Territory shall be
paid by the State, unless two-thirds of the Legislature shall be in favor of
it. I would say, that a bare majority should be sufficient to authorize the
people of Kansas to pay their debts.

Mr. J. Blood. Mr. Chairman, there is no proposition to assume the
debts of the Territory, nor do I think that necessary; jior can I see any
necessity for the repudiation of debts. Gentlemen say that they are not in
favor of these claims awarded by the commissioners being paid by the
State. I presume that I am as much opposed to that as any gentleman in
the Convention. It is the opinion of some that these awards have been
converted into debts of the Territory. The question with me is, What
course should be pursued to secure the payment of all the just debts of the
Territory, and also the payment of these claims, by the general govern-
ment? It seems to me that the best course is, not unnecessarily to re-
pudiate these debts. We should not, in one breath, ask Congress to pay
these debts, and in the next breath turn round and declare that they are
not just debts! It seems that would not be the way to get the debts paid
by the general government. When the time shall come (if it ever does)
that the State is called upon to assume the debts of the Territory, then

486 CoNVEXTiox Proceedings and Debates.

this discussion might be proper, but it seems to me quite out of place
here — that its tendency is to prevent the assumjition of the debts b}'' the
general government, by starting out with open repudiation — that the effect
will be to increase the difficulty. For that reason 1 here moved to strike
out the section.

Mr. Kingman. Mr. Chairman, I do not propose to discuss the maiu
question, but only to set the reasoning of the gentleman from Atchison
(Mr. Graham) right. He assumes that an officer of the Territory (with
an object which I cannot explain) has acted in violation of law and enacted
a debt against the Territory. If the Auditor has drawn his warrant, and
[*366] it is not authorized by law, it is entirely null and void; *and if
he has drawn his warrant as the law required, he has but done his duty.
And the interpretation of that act of the Territorial Legislature will have
to be reserved for future action. That most unfortunate act of the Legis-
lature— of which the gentleman from Atchison was a member — has pro-
duced all this trouble; and it will be hard for him to shirk his part of the
blame of making a contradictory law — presenting a hne of duty to a pubUo
officer, and declaring that the performance of that duty shall have no
result — it will be impossible for his skill to pass that responsibiUty from
where it belongs, and fasten it upon the shoulders of an officer of the
Territory, or any one else.

Mr. Graham. Mr. Chairman, I am no lawyer. I only know a few
facts, and I wish to present only facts. I ha\'e no personal interest, nor
have I any feeling, growing out of the question whether money is to be
paid or not, under these awards of the commissioners But, sir, when
that body — the Legislature — is charged with doing a thing which I know
they did not do, I feel myself called upon to stand up and repel it. The
history of that legislation is this: On my arrival in that body — about the
middle of the session — this law of the 6th of February had been introduced.
It struck my mind at the time clearly, that the law gave too much power
to the Commissioners. We were to select one, the Council one, and the
Governor the third. Their action was to be final anci conclusive. I
thought this was giving power unheard of — that it might throw the Terri-
tory' of Kansas not merely a half a million, but two, three, or five millions
in debt. I at once prepared an amendment, but before I was ready to
offer it the bill had passed through the House, and was on its third read-
ing, without opposition. I rose and offered the amendment, and the
Speaker ruled me out, because the bill could not be amended on the third
reading of the amendment. It was for the purpose of providing that the
action of these commissioners should have no binding force upon the people
of the Territory; but that they should report to a subsequent Legislature
for their action. And they passed the bill with only three nays. My
amendment became the subject of conversation all round — and from the
7th to the 11th of February, what was the result in that body? They saw
that they had legislated hastily and without consideration — that they had
gone too far, and that the act itself wns void — because we had there insti-
tuted a court under the name of a Commission, to try and adjudicate
claims. We examined this matter fully. My friend, Mr. Berry, of Riley
— an honest and upright man, who had voted for the bill, saw the point,
and went in for the correction, heart and hand. Well the council selected
their man, and an effort was made in our body to select our man. I asked
to be excused from voting, because the law was void — proposing to estab-
lish a court which was in violation of the organic act. The House could
not agree on a candidate, and made no i^election; and then they came to

Tuesday, July 26, 1859. 487

the conclusion of preventing the operation of the law of the 7th of Febru-
ary, by refusing to elect their man — one of the commissioners. The
friends of these claimants then came forward with a supplement to the
act of the 7th of February, which covered all the ground 1 claimed, and
that was, that the finding of the commissioners should have no valid effect,
but that they should report to the Constitutional Convention and to the
subsequent Legislature of Kansas. This supplemental bill was passed,
and we, believing it covered everything we contended for — not only guard-
ing the people against an onerous burden of debt that likely might not be
well founded, but doing at the same time what we considered to be due
to those claimants. Thus was attempted to correct the error of confichng
to those commissioners high judicial powers, which had been committed in
the haste with which it was sought to compensate the losses of those men
who had periled their lives in the cause of freedom in Kansas. I had no
[*367] objection to their pay, but only wanted to place "them in a posi-
tion where they would have some legal and tangible ground to stand upon.
The supplemental bill was passed. And after the bill was passed — so
careful were we, that we refused to select our commissioner until after the
bill had passed both branches, and was signed by the Governor and laid
on the table before us. But that supplement seems to have been set at
naught, because its title does' not correspond with the title of the act of the
7th of February. And thereupon, I understand, that a Territorial officer,
without a legal decision in the case, has taken it upon himself to violate
the law, and throw himself back upon the act of the 7th of February.
This explanation is due to that body — and when men come here and
charge blame upon that Legislature — after we have seen the mutilation
of their acts by clerks, printers, or others, I feel compelled to arrest the
charge come from what quarter it may. The subject is with the Conven-
tion. I have no feeling upon it. But I say, if there is in this a debt that
ought to come against the Territory, the claimant ought, in good faith, to
look at the law as it is; and when he goes beyond that, it is taking a step
that might throw suspicion upon his claim.

Mr. Houston. Air. Chairman, I understand that the people sent us
hare for the purpose of making a Constitution, and not to legislate. I do
not understand that when we become a State we have to pay all the debts
of the Territory, or that we have to pay any of them, ^\athout a legal as-
sumption. It is usual, I beheve, for the Legislature, upon the adoption of
a State Constitution, to acknowledge and pay the debts of the Territory.
Such a thing is usual in the history of a government passmg out of the
Territorial condition. These debts may be assumed in whole or in part.
Every claim will be brought to bear against the Territory, and the Legis-
lature may discriminate and pay what part they please. As I understand
it, unless we assume the Territorial debt, there is no law by which we
are bound to pay any portion of it. We might go on here, and say we
assume, &c. But I think that we had better say nothing at all in the Con-
stitution about it. Let it stand as though we had no debts to pay. Indeed
I do not understand that we are bound to pay the debts of the Territory.
If we were to adopt the amendment of the gentleman from Anderson (Mr.
Blunt) it would seem to me Uke saying: we will pay some debts; but
there are certain other debts that we will not pay. It will be virtually
saying to Congress: "There are some debts just and right; but these
claimants, who have lost their property and have just claims on the Gen-
eral Government — these we repudiate." It will throw a stain of distrust
upon them, by virtually sa\-ing to Congress: "We wish you to pay these

488 Convention Proceedings and Debates.

debts, though we believe them to be unjust!" If we have ever to re-
pudiate, let us not begin just now. When debts come up to millions, it
will be time enough to repudiate. It looks foolish to me to repudiate be-
fore we begin to make debts.

Mr. President Winchell. Mr. Chairman, amidst the difficulties
which surround this section, it seems to me it would be the part of pru-
dence to ascertain and see what has been the action of Constitutional Con-
ventions under similar circumstances. Upon examination of the schedules
of the Constitutions of Minnesota and Oregon, I find not the most remote
allusion to the public debt of the Territory — no offer to assume or re-
pudiate. In fact, repudiation is impossible, because the debts do not be-
long to the State. It seems to me, sir, that this whole argument, instead
of rising to the dignity of a principle proper to be considered here, has
been but the review of a mere incident in our legislative history, and as
such it is out of place — and until some argument is proposed for inserting
in the Constitution, a provision in regard to the Territorial debts, I shall
hold it out of order. I hope the section will be stricken out.

[*368] The question was now taken on Mr. J. -Blood's motion to strike
out the 9th section ; and it was agreed to.

So the resolution was rejected.

Section 10 being read, viz:

"Sec. 10. Until otherwise provided by law, the seat of government shall

be at ."

On motion by Mr. Winchell, it was stricken out of the article, as
superseded matter.

Mr. Greer. Mr. Chairman, before passing from this part of the report,
I move a reconsideration of the vote adopting section 4, for the purpose
of enabling me to submit an amendment, adding the following words:

"Except an act entitled an act to provide for the adjustment and pay-,
ment of claims, approved February 7, 1S59; and an act entitled an act
supplementary to an act entitled an act to provide for the payment of
claims, approved February 11th, 1859." I desire to provide for the con-
tinuance of these acts.

Mr. President Wincheli,. Mr. Chairman, the uniform practice of the
Convention and Committee has been, that no reconsideration is in order
until the article has been gone through.

The Chairman. The point is well taken. The Secretary will read the
next section — the 9th section in the second report.

Sections 9, 10 and 11 were then read and passed without amend-
ment, viz:

"Sec. 9. For the purpose of taking the vote of the electors of this Terri-
tory for the ratification or rejection of this Constitution, an election shall
be held in the several voting precincts in this Territory, on the first Tues-
day in October, a. d. 1859, which election shall be governed by the election
law of the Territory of Kansas.

Sec. 10. Each elector shall express his assent or dissent to this Consti-
tution by \'oting a written or printed ballot labelled "For the Constitu-
tion," or "Against the Constitution."

Sec. 11. If a majority of all the votes cast for and against the Con-
stitution shall be in favor of the Constitution, then there shall be an elec-
tion held in the several voting precincts of this Territory on the first Tues-

Tuesday, July 26, 1859. 489

day in December, a. d. 1S59, for the election of all the State, district and
county officers provided for in this Constitution, and for a member of
Congress."

Section 12 was read, viz:

"Sec. 12. All persons having the quahfications of electors, according to
the provisions of this Constitution, at the date of each of said elections,
and who shall have been duly registered according to the provisions of the
registry law of this Territory, and none others, shall be entitled to vote at
each of said elections."

Mr. President Winchell. I move to amend section 12 by adding
these words: "under this Constitution." I believe this section is intended
to apply to elections under this Constitution, for the fact that the 9th sec-
tion provides that the qualifications of voters on the ratification of the Con-
stitution shall be the same as under the Territorial election laws; and that
being the case, for the purpose of avoiding any ambiguity, I propose to
be specific here, by inserting the words I have given.

Mr. Stinson. Mr. Chairman, I understand by this that the gentleman
proposes to enact a registry law under this Constitution.

Mr. Winchell. The object is to define the election intended by this
section. By section 9, the election upon [the ratification of] this Consti-
tution is governed in all respects by the election law of the Territory, and
for the purpose of making this section definite, I move these words.

Mr. Stin&'on. I move to strike out the entire section.

Mr. BuRRis. The quaUfications of electors under this Constitution, are
different from the qualifications under the Territorial laws. The election
laws of the Territory prescribe three months' residence — this Constitu-
tion prescribes six months. This Constitution requires a six months' resi-
[*369] dence. Section 9 provides for an election on the first Tuesday *in
October, at which the people shall vote upon the adoption or rejection
of this Constitution. In the event of its adoption, section 11 provides for
another ejection on the first Tuesday in December. It seems to me that
no amendment is needed. It is just as clear as it can be. The only ques-
tion (if there can be any in the premises) is whether the Convention de-
sires the qualifications to be the same for voting upon the Constitution as
for voting under the Constitution.

Mr. Winchell. I desire to avoid any conflict in the provisions of sec-
tions, and to avoid conflict with the general election laws. Section 9 pro-
vides that the election in October shall be governed by the e'e'^tion laws
of the Territory of Kansas. These election laws define the quahfications of
voters. At the same time section 12 defines the qualifications of voters,
but in a different way. Now, if there is no conflict here, I have no desire
to amend. But, if section 12 conflicts with section 9, as it seems to mo it
does certainly, as regards the election in October, it seems to me that some
amendment should be made to make it correspond. I suggest to the chair-
man of the committee on schedule whether I am not correct.

Mr. BuRRis. There misht be possibly conflict. But 1 would suggest to
strike out and correct in section 9 in preference to section 12. I would
prefer to leave the qualifications as they are in section 12. I will under-
take to move in Convention to strike out the last clause in section 9.

Mr. Winchell. I will waive the matter, imtil the proper time for the
consideration of section 9.

The section was then passed.

490 Convention Proceedings and Debates.

Sections 13 to 21, inclusive, were severally read and passed to the end of
the Article, viz:

"Sec. 13. The persons who may be judges of the several voting precincts
of this Territory at the date of the respective elections in this Article pro-
vided for, shall be the judges of the respective elections herein pro-
vided for.

Sec. 14. Said judges of election, before entering upon the duties of
their office, shall take and subscribe an oath faithfully to discharge their
duties as such. They shall appoint two clerks of election, who shall be
sworn by one of said judges faithfully to discharge their duties as such.
In the event of a vacancy in the board of judges the same shall be filled by
the bystanders.

Sec. 15. At each of the elections provided for in this Article the polls
shall be opened between the hours of nine and ten o'clock, a. m., and closed
at sunset.

Sec. 16. The tribunals transacting county business of the several coun-
ties, shall cause to be furnished to the boards of judges in their respective
counties two poll books for each election hereinbefore provided for, upon
which the clerks shall inscribe the name of every person who may vote at
the said elections.

Sec. 17. After closing the polls at each of the elections provided for in
this Article, the judges shall proceed to count the votes cast and designate
the persons or objects for which they were cast, and shall make two cor-
rect tally lists of the same.

Sec. 18. Each of the boards of judges shall safely keep one poll book
and tally list, and the ballots cast at each election, and shall, within ten
days after such election, cause the other poll book and tally list to be
transmitted, by the hands of a sworn officer, to the clerk of the board
transacting county business in their respective counties, or to which the
county may be attached for municipal purposes.

Sec. 19. The tribunals transacting county business shall assemble at
the county seats of their respective counties on the second Tuesday after
each of the elections provided for in this Article, and shall canvass the
votes cast at the elections held in the several precincts in their respective
[*370] counties, and of the coun*ties attached for municipal purposes.
They shall hold in safe keeping the poll books and tally lists of said elec-
tions, and shall, within ten days thereafter, transmit, by the hands of a
.sworn officer, to the President of this Convention, at the City of Topeka,
a certified transcript of the same, showing the number of votes cast for
each person or object voted for at each of the several precincts in their
respective counties, and in the counties attached for municipal purposes,
separately.

Sec. 20. The Governor of the Territory, the President of this Con-
vention and the Secretary of the Convention shall constitute a Board of
State canvassers, any two of whom shall constitute a quorum; and who
shall, on the fourth Monday after each of the elections provided for in
this Article, assemble at said City of Topeka, and proceed to open and
canvass the votes cast at the several precincts in the different counties of
the Territory and declare the result, and shall immediately issue certifi-
cates of election to all persons (if any) thus elected.

Sec. 21. Said Board of State Canvassers shall issue their proclamation
not less than twenty days next preceding each of the elections provided

Tuesday, July 26, 1859. 491

for in this Article. Said proclamations shall contain an announcement of
the several elections, the qualifications of electors, the manner of conducting
said elections and of making the returns thereof, as in this Constitution
provided for, and shall publish said proclamation in one newspaper in each
of the counties of the Territory in which a newspaper mjiy be then pub-
lished."

Mr. Greer. Mr. Chairman, I offer the following additional section:

"Sec. 22. This Constitution shall be conveyed to Washington City by

, who shall deliver authentic copies thereof to the President of

the United States, to the President of the Senate, and to the Speaker of
the House of Representatives."

Mr. WiNCHELL. Mr. Chairman, I would inquire whether it would not
be sufficient for our purpose, to send a copy of the Constitution to Wash-
ington by our Delegate to Congress? It would save the expense of a
special messenger. It would save the feeling that competition might raise
for that privilege, because we do not yet know who will be our Delegate
to Congress.

Mr. McDow^ELL (in his seat). Some clever Democrat.

Mr. WiNCHELL. My friend McDowell might desire to insert his name
in the blank.

Mr. Houston. I think we had better leave it with the Governor, and
the President and Secretary of this Convention.

Mr. McDowell. I move to fill the blank with "Delegate to Congress."

The motion was agreed to, and so the section passed.

The committee then rose, and the Chairman reported the Article back
to the Convention with the foregoing amendments, recommending concur-
rence.

Mr. Greer. Mr. President, I move to reconsider the vote adopting sec-
tion 4, for the purpose of enabling me to offer an amendment. The words
of that section are:

"Sec. 4. All laws and part of laws now in force in this Territory, not
inconsistent with this Constitution, shall continue and remain in full force
until they expire, or be repealed."

And I propose to add these words:

"Except an act entitled an act to provide for the adjustment and pa\'-
ment of claims, approved February 7, 1850; and an act entitled an act
supplementary to an act entitled an act to provide for the payment of
claims, approved Februarj' 11, 1859."

Mr. J. Blood. Mr. President, I do not see the necessity for the amend-
ment, and shall be compelled to vote against it.

Mr. Kingman. I would like to hear what would be the effect of the
amendment.

Mr. Greer. It is to present the act under which these claims for losses
[*371] of property in 1856, and under which it is supposed that a *debt
is devolved upon the Territory, from having any force after the adoption
of this Constitution.

Mr. Stinson. Mr. President, it strikes me that the gentleman makes
a very grave error in supposing it can have any such effect. This law has
been enforced. It is said to have an application to those claims that exist
beyond and above law; and to repeal it, is just an attempt to do what can

492 Convention Proceedings and Debates.

have no effect whatever in any manner or form that I can conceive of. It
is simply repealing a law after it has done the work. I do not want to
go to work at repealing laws here. It is beneath the dignity of the Con-
stitutional Convention, I should think.

Mr. Graham. Mr. Chairman, I find in that Constitution — which I
think is a model for the gentleman from Leavenworth — the Lecompton
Constitution — that in proposing to pass out of the Territorial condition
into that of a State, they there make an exception of one law, just as the
gentleman from Shawnee (Mr. Greer) now proposes to do. There we have
a precedent!

Mr. Greer's amendment was rejected — affirmative 9, negative 14.

AS TO SLAVES.

Mr. Stinson submitted the following additional section:

"Sec. — . In the event that this Constitution is ratified by the people
according to the provis'ons of the same, then section six of the Bill of
Rights, shall be suspended in its operation, os to slaves in the Territory at
the time this State is admitted into the Union, for the space of twelve
months thereafter, at the expiration of which time it shall be revived, and
remain in full force and effect forever."

Mr. Blunt. I move to lay it on the table.

Mr. Stinson. I demand the yeas and nays.

Mr. Blunt. I withdraw the motion.

A Voice. It is not in order.

The President. The Chair is of opinion, that the section is in order.

IS^T. Stinson. A^r. President, I will state briefly — without attempting
TO argue the question — the object I have in introducing this section. It is
well known that there is slave property held in this Territory under co'or
of law. And by the opern+ion of this Copsi^itution, the moment it goes
into effect, these slaves "are liberated ; and I have introduced this proposi-
tion, in order that this Constitution may not work th's seem'n2; iniusti'^e —
but that a reasonable time — I care not if it is but six months — should be
given to those owning slave property, to remove them out of our borders.

Mr. Stinson demanded the yeas and nays, and the same bem-r seconded,
ordered and taken, the vote stood — yeas 11, nays 28 — as follows:

Yeas — Messrs. Barton, Burris, Foster, Hubbard, Hoffman, McDowell.
McCune, Pa'mer, Signor, S'ough, Stinson — 11.

Nays — Messrs. Arthur, Burnett. Blunt, J. B'ood, N. C. Blood, Crocker,
Dutton, Forman, Graham. Greer. Gnffith, Hanwnv, Houston, Ingalls, King-
man. L'llie, Lnmb, Midd'eton, McClelland. McCuUoush, Preston, Porter,
Ritchie, Ross, Stokes, Simpson, Townsend, Williams — 28.

iMR. Foster's reason for his vote.

"I vote in favor of the adontion of the section because it covers the ex-
])re.«!s instructions of my constituents on the subject of slaves now in the
Territory. R. C. Foster."

So the section was rejected.

Mr. Blunt. I now move to adopt the article, as a whole.
Mr. Graham. I move to amend the motion by an- order to consider il
-section by section.

The latter motion was agreed to.

Section 9, of the second report, was read, viz.:

Tuesday, July 26, 1859. 493

"Section 9. For the purpose of taking the vote of the Electors of this
Territory for the ratification or rejection of this Constitution, an election
shall be held in the several voting precincts in this Territory, on the first
Tuesday in October, a. d. 1859, which election shall be governed by the
election law of the Territory of Kansas."

[*372] *i\'r. BuRRis. ]\ r. President, I move to strike out the latter
clause — these words: "which election shall be governed by the election law
of the Territory of Kansas."

Mr. McDoW'ELL. I desire to move to strike out the section, and that
section 9, as originally reported — in the first report of the Committee on
Schedule be inserted in its place. It is in these words:

"Sec. 9. No debt of the territory shall be assumed by the State, except
by a law passed by a vote of two-thirds of each branch of the Legisla-
ture."

This section was stricken out in Committee of the Whole. I move that
it be inserted again, and upon that motion I ask for the yeas and nays.

The yeas and nays were ordered, and being taken, resulted — yeas 14,
nays 22 — as follows:

Yeas — JMessrs. Barton, Foster, Forman, Graham, Greer, Hubbard, Mc-
Dowell, McCune, McClelland, McCuUoUj^^h, Palmer, Signor, Slough, Simp-
son— 14.

Nays — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. B'ood,
Crocker, Button, Griffith, Hanway, Hoffman, Ingalls, Kingman, Li.'.ie,
Lamb, Middleton, Preston, Porter, Koss, Stokes, Townsend, WiUiams — 22.

So the motion to amend was rejected.

assumption of the debts of the territory.

]\Tr. Blunt. Mr. President, I now move that the proposition I offered
in the committee of the whole, be inserted in the place of section 9. It is as
follows :

"Sec. 9. All debts of the Territory shall be assumed by the State, ex-
cept such indebtedness of the Territory as may grow out of the awards of
the Commissioners on Claims appointed under an act of the Territorial
Legislature, February 7th, 1859; which indebtedness shall not be assumed
by the State, except as shall be hereafter provided by law, and no law pro-
viding for the payment of said claims shall have any force or effect until
it shall have been first submitted to the people at some general election.
and secure a majority of all the votes cast."

Mr. J. Blood. Mr. President, I do not understand the extent of the
exception in this provision. I am opposed to assuming any debts of the
Territory by this Convention. I expect the expenses of the Territory will
be paid by the general government, as they should be, without assumption
or repudiation on our part. I am oppo,sed to the section, for the reason
before stated — that I think it proposes what is improper, unnecessary, un-
usual and out of precedent — that we should assume a debt that is strictly
and properly a debt of the general government of the LTnion.

Mr. Blunt. Mr. President, I understand that there is a disparity of
opinion on this matter. I do not think it certain that the general govern-
ment will pay all the debts of the Territory. It seems, from the evidence
before us, that certain claims growing out of the awards of the commis-
sioners on claims, have to a certain extent, become debts of the Territory —
warrants for them having been drawn upon the treasury. Now the ques-

494 CoxvEXTiON Proceedings and Debates.

tion arises, if the federal government should not see proper to liquidate the
debt arising [out] of the awards of these claims — which I do not think at
all improbable — what will be the position of the State m this matter, un-
less we determine here on some course of action? It appears to me that
it will stand as a debt against the State. And I think it altogether proper
that we should have some understanding in relation to this matter here.
I think there is no gentleman here desirous of repudiating any of the legiti-
mate debts of the Territory; but I believe that nineteen-twentieths of the
people of the Territory would repudiate any debt growing out of the
awards of these commissioners. Hence, I am in favor of settling the matter
here, and providing that no such indebtedness shall be assumed by the
State, without some future legislation, and that the law providing for it
shall be ratified by the people. If Congress should see proper to make an
[*373] appropriation to pay these claims, well and good. *Then there
will be no necessity for further legislation upon it. But I do not feel hke
leaving it an open question.

Mr. Ritchie. It seems to me, sir, that there is a necessity for some-
thing to be done here. In looking over the report of these commissioners,
I find something reading in this wise: "It shall be the duty of the Auditor
of this Territory, upon the delivery of any certificate of award riven by
said commissioners, to draw his warrant for the same upon the Treasury
of the Territory," &c. Now, sir, it seems to me, that under this clause,
these awards, become as much a part of the debt of the Territory, as any
other of our indebtedness; and I believe that the general feeling upon this
question in this Convention is. that we should not do anything that could
be taken, in any way, as an endorsement of the validity of these claims.
From the close manner in wiiich these claims have been watched it seems
to me unnecessary that the matter should be well guarded. I understand
that these claimants are only asking of us that their matter should be sent
up to Congress. Then it behooves to inquire wiiat will be the consequence
in case they are not accepted and paid by Congress. Do they or not be-
come a debt of the Territory?

jMr. Griffith. Mr. President, it seems to me to be our policy neither to
endorse or repudiate, but leave the matter entirely in the hands of the
Legislature. If we remain silent, it will be competent hereafter for the
Legislature to make any necessary provision in the case. .\nd if Congress
should not pay — but I believe that Congress will pay all fair and honest
claims — it might be wrong to blame a constitutional provision prohibiting
the Legislature from assuming them. I think there should be no such i)ro-
vision. I think it better for the Constitution to be silent in this matter,
and leave it entirely in the hands of the Legislature.

On motion by Mr. J. Blood, the section was laid on the table.

Mr. BuRRis. Mr. President, I move the adoption of the article as a
whole.

registry law.

Mr. Houston. Mr. President, I see this provision in the 11th section:
"If a majority of all the votes cast for and against the Constitution shall
be in favor of the Constitution, then there shall be an election held in the
several voting precincts of this Territory on the first Tuesday in Decem-
ber, a.d. 1S59, for the election of all State, District and County oflficers
provided for in this Constitution, and for a member of Congress." And in
the 9th section there is the same difficulty which might be brought up. I
wish to inquire what will be the position of those who are not registered?

Tuesday, July 26, 1859. 495

Whether it will not have the effect of excluding from the polls the people
of the outside counties, where the registry law [hasj not been observed.
As I understand that law, the 15th day of August is the time for the
officers to close up the lists; and that being the case, there will be a great
many in Kansas who will not have the privilege of voting at these elections.

Mr. McDowell. Mr. President, before the final motion is put, I de-
sire to make a motion. In the 12th section of the second report are these
words: "and who shall have been duly registered according to the pro-
visions of the registry law of this Territory, and none others." I desire to
move to strike out these words.

The President. The gentleman will have first to move a reconsidera-
tion of the article.

Mr. McDowell. If the Chair please, we have not yet passed the article
in the Convention.

The President. The Chair stands corrected.

Mr. McDowell. I demand the j-eas and nays on this.

Mr. BuRRis. Mr. President, I would Uke for the gentleman to state his
reasons for the motion. If there are any good reasons for striking out the
clause, we would like to hear them.

Mr. McDowell. Unfortunately, sir, good reasons do not come from
this side of the House!

Mr. Parks. Mr. President, the reason why I shall vote for striking out
[*374] is, I know there *are many in my county who have not complied
\vith the registry provision.

Mr. J. Blood. Mr. President, I desire to offer an amendment to change
the 9th section, so that the election for the ratification of the Constitution
shall be held on the second Tuesday in November — the time of the elec-
tion of delegate to Congress, instead of the second Tuesday in October. It
will be necessary, in all parts of the Territory, for the people to come out
to the election of a delegate to Congress. Before the final adoption of the
article, I wish to propose this change, for the purpose of getting out a full
vote upon the Constitution. I think there should be no difficulty about
the registry law. All the voters in the Territory should be registered and
vote upon this Constitution, and this will swell the poll. For many will be
registered in time to vote for delegate, who might not register for a vote on
the Constitution alone.

Mr. Blunt. Before voting on this proposition, I would like to under-
stand one thing, and that is, whether the provision of the law as to the
time of registry has been construed to extend up to within ten days before
the election?

Mr. J. Blood. I have been so informed. I think there is no doubt of it
at all.

The vote was now taken on Mr. McDowell's amendment, resulting —
yeas 10, nays 27 — as follows:

Yeas — Messrs. Barton, Forman, Hubbard, Moore, McDowell, McCune,
Palmer, Parks, Slough, Stiarwalt — 10.

Nays — ^'essrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Dutton, Graham, Greer, Griffith, Hanway, Houston, Ingalls,
Lillie. Limb, ^'iddleton, McCulloush, Preston, Porter, Ritchie, Ross, Sig-
ner, Stokes, Simpson, Townsend, Williams — 27.

So the Convention refused to strike out the clause.

496 Convention Proceedings and Debates.

Mr. J. Blood. I now move to amend the 9th section, by striking out
"October" in the third hne, and inserting "November" in its place. It
will sa\'e the expense of an election.

Mr. BuRRis. Mr. President, there are one or two objections presenting
themselves to this amendment. The first Tuesday in October is the day
fixed upon in the Territorial law for the vote on the ratification of tliis
Constitution; and then the first Tuesday in November is fixed upon in th s
Constitution as the day for the general State election. Again, the 21st sec-
tion of tliis article provides that the proclamation of the board of general
canvassers for the first State election under this Constitution, shall be made
not less than twenty days previous to such election, and that election is
fixed for the first Tuesday in December; and if the election for the
adoption or rejection of the Constitution be changed from October to
November the returns will not be in in time for the proclamation.
The people would not know, until a very few days before the first Tues-
day in December, whether the Constitution was adopted or not. It seems
to me it would not be safe to make such a risk. But the gentleman says,
it would save expense and bring out more voters. There is no question
about that. But it would be complicating matters — mixing a State elec-
tion with a Constitutional election. The ISovember election is large enough
now. And I would a little rather see the Constitution voted for discon-
nected from any other consideration. Let it come before the people on
its own merits alone. I would, therefore, prefer the day fixed in the
article.

Mr. J. Blood. Mr. President, I think the objection raised by the gentle-
man from Johnson (Mr. Burris) that the elect on for State officers would
come in so short a time after the submission that there would not be time
for the proclamation, could be easily avoded by fixing the time for the
first election of State officers at a later day — say the second Tuesday in
December. The gentleman from Johnson is desirous that the Constitution
should be voted upon by the people — that they should express their ap-
proval or disapproval, distinct from other questions. But I fear, if this
[*375] Constitution is submitted so short a time be*fore an important
election, and at so busy a season of the year, when the farmers will be
engaged in harvesting — that it will be very difficult if not impossible, in
many districts, to hold the election. Perhaps but very few would come
out to vote simply for or against the Constitution. Perhaps a majority of
the voters would stay away that day. There would be noth'ng of suffi-
cient interest to bring out as large a vote as it seems to me desirable that
there should be had upon a State Constitution before it goes up to Congress.
A full expression of the people is desirable, and I think such an expression
cannot be had in October, but it can be had in November. Consequently,
I move to strike out the first Tuesday in October, and insert the first Tues-
day in November, 1859.

The amendment was agreed to — affirmative 21, negative 10.

Mr. MrDowELL. In the 15th section it is provided that the polls shall
be opened between nine and ten a. m. and closed at sunset. I would say —
open at 9 a. m. and close at 6 p. m., and make that motion.

Mr. BfRRis. I think that would be preferable. The days are growing
shorter. Six o'clock in December would be late. Five o'clock would not be
late enough, perhaps, to close the polls at the first State election.

l\^r. Griffith. As the section now stands, the election on the Constitu-
tion and the election for State officers will be only two weeks apart.

Tuesday, July 26, 1859. 497

Mr. Houston. •Mr. President, I think it better to leave it as it is. My
reason is this: If you say nine o'clock and sLx o'clock, you open up oppor-
tunities for quibbling and contests in elections, on account of irregular
opening or closing — a httle too soon or a little too late. But the section
now would give the judge an opportunity to open somewhere between nine
and ten o'clock. You cannot hold him to the exact time. It would suit
better in the rural districts.. And there is no man, woman or child but
knows about the time when the sun goes down.

Mr. McDowell's amendment was rejected.

Mr. Ritchie. Mr. President, in the twenty-second section I move to
strike out the words, "Delegate to Congress," and insert in lieu thereof,
"Robert Graham."

The amendment was rejected.

Mr. Griffith. Mr. President, in the eleventh section, I move to strike
out "December" and insert "January."

Mr Blunt. Have we not fLxed January for the time of the meeting
of the Legislature?

Mr. Griffith. If that be the case, then we shall have to' go back and
undo our work, because it will be impossible to hold the two elections
within three weeks of each other. They cannot know the result in that
time, in the frontier roimties. T would then strike out the first Tuesday,
and insert the third Tuesday in December.

Mr. J. Blood. Mr. President, I can see no difficulty about holding
these elections within three weeks of each other. I see no difficulty about
the returns, as far as that is concerned. True, if the Constitution should
be rejected, there would be no neces.^ity for a second election. It was pro-
posed in the committee on the Schedule, that the State officers and mem-
bers of the Legislature should be elected, at the same time — on the same
day as the submission of the Constitution — so as to avoid two elections.
I would be in favor of that plan. But I see no necessity for putting off
the election of State officers on account of waiting for the returns of the
vote on the Constitution.

Mr. Blunt. l\Ir. President, I think there is reason for adopting this
motion, or for reconsidering the vote changing the time of the ratification.
Neither party will want to make their nominations till thev know the re-
sult of the election on the Constitution. .A.nd the probability is, that it
[*376] will require a week to obtain *that knowledge. And then, an-
other week to call a convention, would leave no time for the canvass.

Mr. Griffith. I should have had no objection to a proposition to sub-
mit the Constitution and vote for State officers on the same day. But as
it is, it will be impossible to receive the returns and issue the proclama-
tion. We must have more time than three weeks intervening between the
two elections. If the gentleman (Mr. J. B!ood) will brins forward his
proposition to vote for State officers at the time of the submission of the
Constitution, I will support it, and withdraw my amendment. If not, I
shall have to insist upon it.

]\^r. Griffith's amendment was adopted — affirmative 26, negative 6.

Mr. Slough demanded the yeas and nays upon the adoption of the
Article as a whole, and the same being ordered and taken resulted — yeas
24, nays 18 — as follows:

Yeas — Messrs. Arthur, Burnett, Burris, J. Blood, N. C. Blood, Crocker,

32 — 778

498 Convention Proceedings and Debates.

Dutton, Graham, Griffith, Hanway, Hoffman, Houston, Ingalls, Kingman,
LilUe, Lamb, Middleton, McCulIough, Preston, Pahner, Stokes, Simpson,
Townsend, Williams — 24.

Nays — Messrs. Blunt, Barton, Foster, Forman, Greer, Hubbard, Moore,
McDowell, McCune, McClelland, Parks, Porter, Ritchie, Ross, Signor,
Slough, Stinson, Stiarwalt — 18.

So the Article as amended, was adopted, passed and referred for ar-
rangement and enrollment.

BOOK account of THE SERGEANT-AT-ARMS.

On motion by Mr. McClelland, the report of the committee on Ac-
counts, recommending the allowance of the bill of the sergeant-at-arms,
for stationery, &c., arhounting to one thousand and twenty-seven dollars
and twenty-five cents, was taken up, and the reading dispensed with.

The committee's recommendation, that the allowance of the above ac-
count be made equal to cash, was read by the Secretary.

Mr. McClelland. According to the statement of Mr. Warren, the
Sergeant-at-arms — this is a cash account — and it being proposed by the
Convention to pay in scrip, worth only fifty cents — Mr. Warren says he
is wilUng to take scrip at fifty cents, although he has sold it at forty cents
in Leavenworth recently. 1 move that the amount be doubled.

The President. The Chair understands that Mr. W\arren has paid this
in cash?

Mr. McClelland. He has either paid for it in cash, or is responsible
for it in cash in a few days.

The motion was agreed to, and the allowance made accordingly.

On motion by Mr. Stinson, it was —

"Ordered, That the scrip or certificates of account of those having ac-
counts against the Convention, be signed by the President of the Conven-
tion and the Sergeant-at-Arms."

After some conversation between Mr. Ingalls. Mr. Slough and others,
with reference to the report of the second special committee, to investigate
the allegation of perjury against Mr. Hutchinson, which was required to
report this afternoon —

On motion by Mr. Ingalls, said committee was allowed further time
to report.

Mr. Blunt. I move that the Convention adjourn till to-morrow morn-
ing at 9 o'clock, instead of 8 o'clock.

The motion was agreed to; and accordingly —

The Convention adjourned till to-morrow morning at 9 o'clock.

Wednesday, July 27, 1859.
The Convention met at 9 o'clock, a. m.
Prayer by the Chaplain.

The absentees on the roll call were Messrs. Brown, Barton, Forman,
Hoffman, Kingman, May, Perry, Thacher, J. Wright, and T. S. Wright.
The journal of yesterday was read and authenticated.

Mr. Ingalls. Mr. President, as there is considerable unfinished busi-
ness before the Committee on Phraseology and Arrangement, and as there

Wednesday, July 27, 1859. 499

[*377] is another large committee now in session *I move that the Con-
vention take a recess till 10 o'clock.

The motion was agreed to, and accordingly the Convention took a
recess.

RAILROAD AND SWAMP LANDS.

The President resumed the Chair at 10 o'clock.

Mr. J. Blood. Mr. President, I move to recall the article on Ordinance,
for the purpose of amendment.

The motion was agreed to and the article was taken up.

Mr. J. Blood. I move to reconsider the vote adopting this article.

The vote was reconsidered, and the question recurred again on its
adoption.

Mr. J. Blood. ]\Ir. President, I move now to strike out the 3d section
of this article — it relates to the swamp land appropriation; and also to
strike out the 10th section — relating to grants of land for railroads. I
make this motion with the view of submitting another report from the
Ordinance committee, including these lands in the form of resolutions — to
be made a part of the Constitution, but not a condition of the admission of
the State — as it now stands.

Sections 3 and 10 are as follows:

"Sec. 3. That all swamp lands in said State shall be set apart and
granted to said State for the use exclusively of common schools.

Sec. 10. That two hundred entire townships four million six hundred
and eight thousand square miles of land in said State shall be granted and
set apart by the government of the United States to said State, for the pur-
pose of aiding in the construction of railroads, and other internal improve-
ments."

These sections were severally stricken out, and the article, as amended,
was again passed and referred for enrollment.

Mr. J. Blood from the Committee on Ordinance, submitted the follow-
ing report:

MEMORIAL.

"Resolved, That the Congress of the United States be and is hereby re-
quested, upon the application of Kansas for admission into the Union, to
pass an act granting to the State forty-five thousand acres of land to aid
in the construction of railroads and other internal improvements in the
State

Resolved, That Congress be further requested to pass an act appro-
priating fifty thousand acres of land for the improvement of [the] Kansas
river from its mouth to Fort Riley.

Resolved, That the Consress of the United States be and is hereby re-
quested, upon the application of Kansas for admission into the Union, to
pass an act granting to the State all of the swamp land within the State
for the benefit of common schools.

Resolved, That the Congress of the United States be and is hereby re-
quested, upon the application of Kansas for admission into the Union, to
pass an act appropriating five hundred thousand dollars, or in lieu thereof
five hundred thousand acres of land, for the payment of the claims
awarded to the citizens of Kansas by the Claim Commissioners apno'nted
by the Governor and Legislature of Kansas under an act of the Legislature
passed 7th February, 1S59.

Resolved, That the Legislature of this State shall make provision by law

500 Convention Proceedings and Debates.

for the sale or disposal of the lands granted to the State in aid of internal
improvements and for other purposes subject to the same rights of pre-
emption to the settlers thereon as are now allowed by law to settlers on
the public lands.

Resolved, That the foregoing resolutions be appended to and signed with
the Constitution of Kansas, and submitted therewith to the people of Kan-
sas, and to the Congress of the United States."

On motion it was ordered to be now considered by sections.

The first resolution was read and passed.

The second resolution being read —

Mr. AcDowell submitted the following, to come in at the close (which
he subsequently withdrew) :

[*378] *"Resolved, That Congress be further requested to pass an act
appropriating all of the lands of the United States that we have not already
begged for, to be applied by seven men to be designated by the President
of the United States, to the permanent improvement of the Kaw river so
that turtles of a medium size, may be enabled to make, without serious in-
terruption, their respective peregrinations therein, and that catfish weigh-
ing less than fifty pounds may navigate the same without serious detri-
ment to their personal comfort and safety."

The second resolution was then passed.

The several resolutions having been read and passed —

NEW ENGLAND EMIGRANT AID COMPANY.

Mr. J. Blood, ^^r. President, 1 wish to offer another resolution, in be-
half of the committee, which they considered and adopted after the report
went to the printer:

Resolved, That Congress be further requested to appropriate the sum of
tweniy-four thousand eight hundred and thirty-seven dollars and fifty-
three cents for the payment of the claim of the New England Emigrant Aid
Company for damages sustained in the lawless destruction of the Free
State Hotel at Lawrence on the 21st of May, 1856.

Mr. MrDowELL. I move to lay the resolution on the table, and demand
the yeas and nays.

The yeas and nays being ordered and taken, resulted — yeas 18, nays 20
— as follows:

Yi AS — Messrs. Barton, Burris, Foster, Greer, Hippie, Hubbard, Middle-
ton, Moore, McDowell, McClelland, Parks, Porter, Ross, Signor, Stinson.
Stiarwalt, Stokes, Wrigley— 18.

Nays — Messrs. Arthur, Burnett, Blunt, J. Blood, N. C. Blood, Crocker,
Dutton, Griffith, Hanway, Hoffman, Ingalls, Lillie, Lamb, McCullough,
Preston. Palmer, Ritchie, Simpson, Townsend, Williams — 20.

So the Convention refused to lay it on the table, and the question re-
curred on the adoption of the resolution.

i\ T. Stinson. Mr. President, 1 hope this resolution may not pass. I
shall vote against it, first, because I have no knowledge whatever of the
fact recited. Ido not know that the New England Emigrant Aid Society
lost a dollar. No investigation has been held — no testimony has been
taken — upon which any action of the Convention should be based. It is
absurd for the gentleman to come in here and propose that the Conven-
tion ask the Congress of the United States to give $24,000 for a matter
that we know nothing about. And then aiain, I shall vote against it,
because it will invalidate the requests we make in other matters.

Wednesday, July 27, 1859. 501

Mr. J. Blood. The gentleman is mistaken. I suppose the gentleman
is aware, that evidence in regard to this case has been submitted to the
Convention and referred to the committee. I suppose it is well known
that the Emigrant Aid Company sustained a great loss; and the fact here
is sustained on the authority of the testimony of a government officer. I
i^nd up the papers which have been referred to the Committee on Ordi-
nance.

(The Secretary read the Company's petition, and the testimony of
Samuel C. Pomeroy, in regard to the cost of their Free State Hotel de-
stroyed in Lawrence, May 21, 1856, as follows) :
"To the Honorables, the Kansas Const 'tutional Convention at Wyandotte:

The petition of the New England Emigrant Aid Company respectfully
represents:

That the said Company caused to be built at an early period, in the
settlement of the town of Lawrence, Territory of Kansas, a large stone
building, known as the Free State Hotel, at an expense of $20,000; that
during the recent political difficulties in the Territory, viz: On the 26th
of May, 1856, the said hotel building, with all its contents, were entirely
destroyed by an armed mob; that at the last session of the Legislative
.Assembly of the Territory an act was passed, looking to an indemnifica-
tion of those who sustained losses in the aforesaid political troubles, but
its provisions being expressly confined to "citizens" of the Territory, your
memorialists were excluded from any benefit of said act. The object of
[*379] this petition is, there*fore, to ask of your honorable body that
whatever action may be taken by you in behalf of the other sufferers in
the late troubles in Kansas, shall be extended to embrace also the New
England Emigrant Company.

The accompanying vouchers are subscribed.

Very respectfully,

M. F. Conway,
Gen'l Ag't N. E. Emigrant Aid Com."

"hotel account at LAWRENCE, K. T., UP TO MAY 21ST, 1858.

Amount of cash paid for materials and lalior for
which I kept an accurate account, and paid for the
same, as per mv book account kept at- the time, see
page 111 of the Ledger, §20,377.53

Furniture bought at Boston by J. M. S. Wil-
liams and sent to Lawrence for Hotel, 960.00

$21,337.53
Additional freight on furniture, paid agents for

superintendence, 500 . 00

Three years rent, at $1,000 per year, 3,000.00

$24,837.53

Samuel C. Pomeroy of Atchison, K. T., being personally to me well
known, appeared this 9th day of March, a. d. 1859, and made oath that
The above account, as rendered, is correct, as shown by his books and
vouchers kept at the time of building the Hotel in Lawrence, K. T.

S. C. Pomeroy.

Sworn and subscribed before me, Geo. H. Fairchild, Notary Public for
Atchison County, K. T. G. H. F.\irchild, Notary."

502 Convention Proceedings and Debates.

Mr. McDowell. Is not that the same hotel for the destruction of
which Mr. Eldridge has claimed damages, and had heavy damages awarded
by the Claim Commissioners?

Mr. J. Blood. I understand not. I am so informed by one of the com-
missioners. The commissioners were not at liberty to allow this claim, be-
cause the company were not residents of the Territory. I am not aware
that Mr. Eldridge has been allowed anything for the destruction of that
hotel, or any hotel. I am under the impression that no such claim has
been allowed.

Mr. Stinson. Mr. President, I would like to enquire if that which
was read is all the testimony?

Mr. J. Blood. That is all.

Mr. Stinson. Then I think my statement was correct — that there
was no testimony.

Mr. Houston. Mr. President, it seems to me that we ought to be a
little careful in disposing of this claim. The gentleman from Leaven-
worth (Mr. Stinson) says it will prejudice other claims. I am of the
same opinion, but I make a different application of it. If this Convention
decide that the people of Kansas ignore this claim, and resolve that it
should not be paid — if we take that position, Congress will say at once,
why pay those other claims standing on precisely the same footing — the
only difference being, that these claimants are not residents of the Terri-
tory. If we ignore this claim here, which we acknowledge to be just, and
resolve that we will not ask Congress to pay it, it will prejudice all these
claims before Congress. I understand that this hotel belonged to the Emi-
grant Aid Company, and to nobody else; and that Mr. Eldridge did not
get an award for it. I cannot believe that the commissioners have gone so
far astray. Sir, there is no reason why the Emigrant Aid company should
be excluded in this way. I do hope that we will place their claim on the
same footing with the others, and let the General Government discrimi-
nate if they will. Let us take a noble, just position in regard to these
claimants.

Mr. BuRRis. When this matter first came up, I knew nothing of the
facts, and voted to lay it on the table. And the more I hear of it, the more
I am convinced that I was correct in giving that vote. I think it may be
very justly pleaded, that the New England Emigrant Aid Society is in
New England — that the members of that company are not citizens of
Kansas. That, alone, to my mind, is a sufficient reason why we have no
[*380] right to entertain this matter. We have no right to ask *Congress
to pay a debt for citizens of Massachusetts or of any other State. In our
memorial we are looking after the interests of the people of Kansas, and
for no other people. I have no doubt this is a just claim, but it cannot be
considered as a debt of this Territory. It has been stated by gentlemen on
both sides, that our action upon this will prejudice other claims which the
conamissioners have passed upon; but I think it can make no difference
what construction we give — what views gentlemen here take of those
awards — so long as it must remain true that this company's claim cannot
be made a debt of the Territory. If we memorialize Congress for any-
thing, let it be for the payment of the debts of the Territory — to pay the
claims of our own citizens, make donations for our own railroads, &c. I
think it is asking entirely too much of us to interfere in favor of citizens
of other States. I have no doubt but that the General Government will

Wednesday, July 27, 1859. 503

make up this loss; but because it is no claim against Kansas, I am opposed
to the adoption of the section.

Mr. Greer. Mr. President, I hope the resolution of the gentleman from
Douglas (Mr. J. Blood) will not prevail. It is well understood, sir, that the
claim allowed to Mr. Shaler W. Eldridge was allowed near fifty thousand
dollars, and his claim has a clear connection with the destruction of this
hotel. And it seems to me that this Convention should not take action by
which to ask Congress to pay the Emigrant Aid Society until evidence was
furnished that the claim of Eldridge is not based upon the same grounds.
It would be unjust to ask for payment for the destruction of this hotel to
Mr. Eldridge and also to the Emigrant Aid Society. This matter is suffi-
ciently doubtful to me to oppose the adoption of this resolution. And
there is another reason which goes still further with me in the same direc-
tion: the gentleman from Douglas says that the Emigrant Aid company is
a non-resident of the Territory, and that it was the owner of the de-
stroyed property, which destruction was brought about by the act of the
General Government. Then, I apprehend, sir, that it is clear that we can
have nothing to do with this question ; that it is the claim of a non-resident
against parties outside of this State, for property destroyed by the act of
the General Government, and not by the act of the people of Kansas or
any portion of them. Besides, sir, there is a proper tribunal for the ad-
justment of all claims of this character — the Court of Claims at Washing-
ton— that has full and competent jurisdiction of the case. That is the
place for them to go; we have nothing to do with it. I do not see the pro-
priety of entering into a controversy or interfering in any way in this con-
troversy between the Emigrant Aid Society and the General Government.
I shall, therefore, vote against the adoption of the resolution; and I will
say further, that at the proper time I would like to call for the testimony
upon which Mr. Eldridge's claim has been allowed.

Mr. Houston. Mr. President, I would like to add another word.

The President. The rule gives no member the privilege of speaking
twice till all shall have been heard who may desire to speak. The rule also
gives the chairman of the committee the right of closing.

Mr. Blunt. Mr. President, I voted against laying it on the table, from
the fact that I was not aware of its merits and the position it occupied;
and I desired that some discussion should be had, to put us in possession of
the facts. It appears to me now, from the evidence before us, that these
parties claiming a place in our memorial are living outside of the Territory,
and that all their interests are beyond our borders ; and therefore I shall be
compelled to vote against the proposition. I do not think it is our province
to legislate for the citizens of Massachusetts, or other parties outside of
the Territory of Kansas.

[*381] Mr. Houston. Mr. President, I rise to *make an interrogatory
to the Chair. I would inquire whether it would be proper (as gentlemen
seem to wish to know the facts) to put these commissioners under oath in
reference [to] this matter? As far as I am concerned, I do not see any
necessity for it — but others seem desirous of knowing certainly whether
those items of loss recited here in the petition of the Aid company were
included in Mr. Eldridge's account. I do not understand that they are
included, and I would not prejudice the claim of the company for want of
that evidence.

The President. It is competent for the gentleman to take any course
he sees fit.

504 Convention Proceedings and Debates.

Mr. McDowell. Mr. President, I hope time will not be consumed by
that unnecessary formality. It does seem to me that we can have noth-
ing at all to do with this claim. If the Emigrant Aid Society feel them
aggrieved against the General Government — if they feel that they have
sustained a loss by the act of the General Government, they ought to go
there for satisfaction and reimbursement. We might just as well take a
petition into our memorial for people residing in any other part of the
United States, who might pretend to have claims against the General
Government. It is not within our province at all. I see by the report of
the commissioners of claims that Mr. Eldridge, of Lawrence, was awarded
nearly fifty thousand dollars for damages sustained by him. And while
the statement does not show what was the basis of that claim of damae;es,
it is well known that it grew out of the destruction of that very Free State
Hotel. It seems to me on the face of it, Mr. President, that for a Hotel in
Kansas, three years ago — when the Territory was but two years old — that
forty-nine thousand dollars, even, is a large amount to claim in damages
for its destruction, furniture included. I understand that the Convention
has indicated a purpose to memorialize Congress upon the subject of these
claims awarded by the commissioners, for money or land for their liquida-
tion, and I think that is sufficient and far enou-rh for us to go. I am
opposed to this resolution, and hope the Convention wiU vote it down,
without consuming further time.

Mr. Houston submitted the following:

''Resolved, That Judge Mf^Clay be allowed to state whether the Eldridge
claim includes the hotel of the New England Emigrant Aid Company."
Mr. Greer submitted the following:

"Resolved, That the Secretary "of the Territory be requested to furnish
the Convention with the testimony on which the claun of Shaler W.
Eldridge is based."

The President. It is not in order.

Mr. Griffith. Mr. President, while I see no good reason why the Emi-
grant Aid Society should not be paid for this loss, I think I can see a
good reason why the Convention should not proceed in this case. I think it
would be travelling outside of our legitimate scope of business.

Mr. Ingalls. Mr. President, I move that the section be referred to the
committee on Skullduggery, with instructions to inquire into the facts of the
case, and report at their earliest convenience.

The President. The gentleman is informed, that the committee on
Skullduggery has been discharged.

Mr. Houston submitted the following modification of his order:
"Resolved, That Messrs. M^Clay and Adams be allowed to make state-
ments in reference to the Eldridge claim."

Mr. Stinson. Mr. President, I move to amend, by adding: "that the
said statements be made in the street."

The President. The gentleman from Riley will perceive that the
language of his resolution is indefinite.

Mr. Griffith. If I understand the question the Eldridge claim is not
now before the Convention.

r*382] *The President. It is not. But it is competent for the Conven-
tion to call for evidence as to whether this claim of the Emigrant Aid
Society has been allowed or not.

Mr. Houston proposed a further modification of his order; but —

Wednesday, July 27, 1859. 505

On motion by Mr. McDowell, it was laid on the table, and the ques-
tion recurred on the original section of the committee.

Mr. McDowell demanded the yeas and nays, which being ordered and
taken resulted — yeas 9, nays 32 — as follows:

Yeas— INJessrs. J. Blood, N. C. Blood, Hanway, Houston, Preston,
Palmer, Simpson, Townsend, WiUiams — 9.

Nays — Messrs. Burnett, Blunt, Burris, Barton, Crocker, Dutton, Fos-
ter, Graham, Griffith, Greer, Hippie, Hubbard, Hoffman, Ingalls, LiUie,
Lamb, Middleton, Moore, McDowell, McCune, McClelland, McCulIough,
Parks, Porter, Ritchie, Ross, Signor, Slough, Stiarwalt, Stinson, Stokes,
Wrigley— 32.

So the resolution was rejected.

]\'r. Ross. Mr. President, I move to amend the report of the com-
mittee by striking out the last resolution.

It is as follows:

"Resolved, That the foregoing resolution be appended to and signed with
the Constitution of Kansas, and submitted therewith to the people of
Kansas, and to the Congress of the United States."

The motion was agreed to, and the resolution was stricken out accord-
ingly— affirmative 17, negative 6.

And so the Memorial was passed and referred for enrollment.

JtTDICIARY.

Mr. Ingalls, from the committee on Phraseology' and Arrangement,
submitted the following:

"The committee on Phraseology and Arrangement having had under
consideration the Article entitled Judiciary, respectfully submit the fol-
lowing

REPORT,

Section 1. After 'district courts' read 'probate Courts' — after 'inferior';
for 'of read 'to.'

Sec. 2. Transpose and read: 'The Supreme Court shall consist of one
chief justice and two associate justices, who shall be elected by the electors
of the State at large, and a majority of whom shall constitute a quorum.
And at the first election under this Constitution,' &c.; after 'two years' put
a semicolon. In fourth line from bottom strike out 'six' and insert 'two.'

Sec. 3. Before 'habeas corpus' read 'and.' In fifth hne strike out 'in'
after 'term.'

Condense sections 4 and 5, to read as follows:

'Sec. 4. There shall be appointed by the justices of the supreme court
a reporter and clerk of said court, who shall hold their offices two years
and whose duties shall be prescribed by law.'

Sec. 6. After words 'four years' read: 'district courts shall be held at
.such times and places as may be provided by law.'

Sec. 8. For 'one clerk' read 'a clerk' — strike out 'for' before 'two' —
strike out 'such as' in last line but one.

Sec. 9. Strike out 'for' before 'two years' — for last clause read, 'He
shall be his own clerk, shall hold courts at such times, and receive for com-
jjensation such fees as may be prescribed by law.'

Sec. 10. Strike out 'as may be prescribed.'

Sec. 13. Strike out 'according to law.'

Sec. 14. Line nine, strike out 'thereof after 'pledge,' and before 'judges'
in same line, read 'justices or.'

506 Cox^'EXTION Proceedings and Debates.

Sec. 15. Line four, strike out 'therein.'

Sec. 15. Strike out 'concurrent' before 'resolution' — strike out 'therein'
after 'concur' — strike out 'thereof in last hne.

Sec. 18. Strike out 'and by the authority' — and strike out in last line
the words 'of Kansas.'

Sec. 21. Strike out 'thereof in last line but one after 'judge.'"

SCHEDULES.

Mr. Ingalls, in behalf of the committee on Phraseology and Arrange-
ment submitted the following:

[*383] *"The committee on Phraseology and Arrangement haAdng had
under consideration the Article entitled 'Schedule' respectfully submit the
following

REPORT.

Sec. 1. Line one, strike out 'evils or' — in line four, strike out 'it.'

Sec. 2. Line one, strike out 'due and' — in hnes seven and ei^ht, strike
out and read 'executed to the Territory, or any officer thereof, in his
official capacity,' &c.

Sec. 4. Read 'the Territory' for 'this Territory.'

Sec. 5. Read 'shall be provided.'

Sec. 8. For 'depending' read 'pending.'

Sec. 9. Read 'First Tuesday in October, a. d. 1859' — strike out all after
'1859.'

Sec. 11. Instead of 'for and against such Constitution' read 'at such elec-
tion'— after 'precincts' strike out the words 'of this Territory' — read 'first
Tuesday in December a. d. 1859' in ninth Une.

Sec. 20. After 'Territory' read 'and the President and Secretary of this
Convention shall constitute.'

Sec. 21. Strike out 'for' after 'provided.'

For Sec. 22. Read: 'The board of State canvassers shall provide for
the transmission of authenticated copies of the Constitution to the Presi-
dent of the United States, to the President of the Senate and Speaker of
the House of Representatives.'

Sec. 23. 'Upon official information having been by him received of the
admission of Kansas into the Union as a State, it shall be the duty of the
Governor-elect under the Constitution to proclaim the same, and to con-
vene the Legislature and do all things else necessary to the complete and
active organization of the State government.'

Sec. 24. 'The first Legislature shall have no power to make any changes
in County lines.' "

These reports go to the President's table, under the standing rule.

JUDICIARY.

On motion by Mr. Griffith, the recommendations of the committee
on Phraseology and Arrangement with reference to the Judicary Article,
were taken up and concurred in.

The Article was then ordered to be referred for arrangement and en-
rollment.

Mr. McDowell. Mr. President, have all the standing committees re-
ported?

The President. The Chair is of opinion that they have, with the ex-
ception of the committee on Federal Relations.

Wednesday, July 27, 1859. 507

schedule.

On motion by Mr. Stinson, the reconamendations of the committee on
Phraseology and Arrangement with reference to the Schedule were
taken up.

The committee's recommendations \^ith reference to sections 1, 2, 4, 5.
8, were severally concurred in.

The committee's recommendation as to section 9 — restoring the words
"first Tuesday in October," for the day of ratification or rejection of the
Constitution, and "the first Tuesday in December" for the first general
election under the Constitution, was read by the Secretary.

Mr. McDowell. Mr. President, does the committee recommend the
adoption of the section as originally reported by the committee on
Schedule ?

Mr. Ingalls. That is the intention of the report.

Mr. McDow-ELL. I understood yesterday, that the Convention changed
the time of voting on the adoption of the Constitution; and I do not know
that it is witliin the province of the committee on Phraseology and Ar-
rangement to make so material an alteration.

The PREsmENT. It is within the province of the committee on Phrase-
ology and Arrangement, under a special reso'ution of the Convention, to
reconamend any changes, amendments or additions they may see proper.
[*384] But it re-mains, of course, for the Convention to approve or re-
ject the recommendation.

Mr. McDow'ELL. I move to reject the recommendation.

Mr. Bluxt. Mr. President, T certainly hope the Convention will adopt
the recommendation of the committee on Phraseology. I was opposed to
the change made last evening in the time of the elections, from the fact,
that I consider that the law which has constituted this Convention, and
which prescribes the time and manner of submitting this Constitution, and
the time and manner of holding the first election under it, is just as bind-
ing upon the Convention in all its provisions, as it is in any one of them.
And because I desired to conform strictly to the letter of the law — not to
travel beyond it in any particular — I was opposed to this change being
made. But the Convention saw' proper to make the change. But I think
now, upon due reflection, they will see the propriety of adopting the recom-
mendation of the committee, and make the elections conform to the stat-
ute which authorized the Convention. Without taking any other con-
sideration than this — the necessity of strict conformity to the law — I shall
vote for this recommendation.

Mr. J. Blood. Mr. President, I moved to change the report, by sub-
stituting November, yesterday, because I believed we would thereby get a
more full vote on the Constitution; and because, if this change were not
made, we would have too many elections coming near together. But I
am not disposed to be tenacious. I would prefer it, if the Convention
would agree to put the election of State officers on the same day of the sub-
mission. But I think that, in this irmtter, the law calling the Convention
has no more binding force on this act of the body, than the act of a council
of the Arapahoe Indians — not a particle more.

Mr. Ritchie. Mr. President, it does seem to me that there can be a
strong argument made why we should go back to the 4th of October, be-
cause it is the time fixed by the Legislature. If the Constitution is ratified

508 Convention Proceedings and Debates.

by the people — as we all believe it will be — the people are higher than any
other authority; and, if I vote for this change, it will be with a view, that
the officers of State under this Constitution should be voted for on the
same day.

Mr. President Winchell. (Mr. Burris in the Chair). Mr. President,
this is a matter of serious moment to the whole Constitutional movement.
Gentlemen whose judgment is worthy of confidence and consideration differ
in regard to the binchng force of the act authorizing this Convention. I
have always found it a safe rule, sir, where the authorities differ, to take
that course with regard to which there can be no danger; and I do not
understand any gentleman to say that danger can be likely to result while
we adhere to that law. While, on the other hand, there are arguments
going to show that there might be a question as to the legality of our
proceedings if we were to disregard that law. I have heard no argument
against the propriety and practicability of submitting the Constitution on
the first Tuesday in October, and therefore I shall vote against the motion
to reject the recommendation of the committee. ,

The motion to reject was lost, on a division; and then —

On motion by Mr. Burris, the Article was passed, as a whole, and re-
ferred again for arrangement and enrollment.

expenses of the convention.

Mr. Barton submitted the following, which was adopted:

"Resolved, That members, officers and other persons having accounts
pertaining to this Convention be requested to present the same to the
committee on accounts by nine o'clock a.m. tomorrow, and the committee
on accounts be instructed to report to the Convention the salary of officers
of this body."

The Convention then took a recess till three o'clock, p. m.

[*385] *AFTERNOON SESSION.

Mr. HipPLE submitted the following, which was adopted:

"Resolved, That Hon. H. B. Denman, William Wiseman, and F. W. Case
be admitted to seats within the bar of the House."

investigation.

Mr. Slough, from the special committee appointed under his resolu-
tion, which was adopted yesterday, to investigate the charge of perjury
against Mr. Hutchinson, submitted a report embracing the testimony

(This testiir>or«\' \vs subsequently laid on the table, and it has not been
furnished the Printer.)

The report is signed — "John P. Slough, A. D. McCune." It closes with
the following:

"Resolved, That William Hutchinson, a member of this Convention
from the county of Douglas, be expelled therefrom, for the reason that
the testimony given in the case, shows him to have been guilty of moral
perjury."

Mr. LiLUE, from the same committee, submitted another report to the
effect: That "they were of opinion that the accused is not guilty of
perjury, as charged, and recommending the submission of the testimony

Wednesday, July 27, 1859. 509

for such action as the Convention may see proper to take in the premises."
This report was signed, "George A. Lillie, James Blood."

Mr. Stinson moved the adoption of Mr. Slough's report.

Mr. Graham. Mr. President, as a member of this committee, I rise
for the purpose of giving to the Convention the reason why my name is
not attached to either of these reports. My position was, that if either
of these parties were willing to report to this Convention, a resolution to
expel both Mr. Hubbard and Mr. Hutchinson, I would sign it. I came to
that conclusion from the testimony. This being declined, I then proposed
to submit the testimony merely. My mind is fully made up. The testi-
mony has convinced me that both are equally guilty.

Mr. Houston submitted the following amendment, by way of substitute
for Mr. Slough's report:

"Resolved, That while we disapprove of the conduct of Mr. Hutchinson
in offering to influence the vote of a member of this Convention, by
proposing to give him a lot, still we do not feel that he is a corrupt man,
or that he has perjured himself.

Resolved, That the Sergeant-at-Arms be instructed to take all the
documents and papers connected with this skullduggery affair, and care-
fully sink them in the Kaw river,"

Mr. Foster moved to lay it on the table.

Mr. Slough demanded the yeas and nays, and they were seconded
and ordered, and being taken the result was — yeas 20, nays 14 — as follows:

Yeas — Messrs. Barton, J. Blood, Foster, Forman, Hippie, Hoffman, In-
galls, Middleton, Moore, McDowell, McCune, McClelland, McCullough,
Parks, Ritchie, Slough, Stinson, Stiarwalt, Simpson, Townsend — 20.

Nays — Messrs. Burnett, Blunt, N. C. Blood, Crocker, Dutton, Graham,
Griffith, Hanway, Houston, Lillie, Lamb, Preston, Stokes, Williams — 14.

So Mr. Houston's amendment was laid on the table, and the question
recurred on the adoption of Mr. Slough's report.

Mr. Slough demanded the yeas and nays.

Mr. Griffith. Mr. President, do 1 understand that a proposition is
made to expel a member of this Convention upon a charge of perjury?

The President. The Secretary will read the report again.

The resolution was read.

Mr. Griffith. 1 approach this matter, sir, without any personal feel-
ing— without likes or dislikes on either side. 1 wish to be governed by the
evidence, regardless of parties and individuals. And it does seem to me,
that there is not sufficient evidence there to convince a court of justice
that there is perjury in this case. In such a case as this I would have
to be governed by the rules that govern the proceedings in a court of
justice — to give the advantage of doubt in favor of the person accused.
[*386] It is a serious matter, sir, for us to pass such a resolution as *this.
The testimony should be unequivocal. But this testimony is not sufficiently
definite. 1 am willing, however, to have the matter brought out fully by
lawyers, showing what a court of justice might require in the case.

Mr. Slough. 1 do not propose to constitute myself the prosecutor in
this case. The facts have been presented. They have been read. They,
to my mind, and the mind of one other member of this committee, were
conclusive of guilt. It seems to me that no discussion is necessary. It is
a matter that addresses itself simply to the honest, common-sense intelli-

510 Convention Proceedings and Debates.

gence of members. Such being the case, I do not propose to make any
remarks upon the subject.

Mr. Graham. Mr. President, I would ask, as a special favor, to be
excused from voting; when my name shall be called on this question. I
cannot consent, with my sense of right and duty, to be the instrument in
any way of prosecuting [persecuting] a man for the sake of prosecuting
him; and it strikes me that this matter has taken the shape of persecution.
I am willing to go for the resolution to expel, if the name of the gentleman
from Doniphan (Mr. Hubbard) is embraced in it. But if that cannot be
done, I hope the Convention will excuse me.

Mr. Slough. I move that he be excused.

Mr. Blunt. I object.

The Convention refused to excuse Mr. Graham.

Mr. Graham. Will it still be in order to make a motion to amend?

Mr. Slough. I object.

Mr. Graham. I would state the purpose of the motion. Being re-
quired to vote, I wish under the circumstances, to insert into the resolution
the name of Mr. Hubbard. I ask the Convention to allow me to submit
that amendment.

The President. The amendment of the gentleman will be entertained.
Mr. Graham. I then move to add the name of "E. M. Hubbard."
Mr. Blunt. Mr. President, I had intended to have passed over this
matter in silence. I regret that it has been pressed so far. For, in my
judgment, it can result only in a good deal of ill feeling. I shall vote
against the expulsion of either of these gentlemen. I think we have given
too much importance to this subject. It is "great cry and little wool."
The matter has been persistently taken up and pressed upon the considera-
tion of the Convention, I think far more pertinaciously than is becoming
the honor and dignity of the body. I am unable to arrive at the con-
clusion, from any testimony that has been adduced, that there has been
any just occasion for a charge of corruption by the offering of inducements
in the way of property or money to vote for the capital — and I am equally
at a loss, and find it equally difficult to arrive at the conclusion that any
person has perjured himself in the case. We all know that there has been
a great deal of loose conversation in the hall upon this subject — in refer-
ence to corner lots in connection with the location of the capital. And
something of this sort may have passed between Mr. Hutchinson and
Mr. Hubbard, who, I observe, is a serious kind of man, and it is possible
that he may have taken Mr. Hutchinson more seriously than was intended ;
and, therefore, so far from imputing corruption or perjury to either, I
come to the conclusion that both are innocent. I think it has all been
got up for the purpose of carrj-ing a point in this Convention. I think
it must have been evident to all who have witnessed these proceedings,
that they were got up for the purpose of creating a prejudice here against
the town of Lawrence as to the point of location for the State capital.
For close upon the very heels of this matter it was moved and ordered to go
into the selection of the temporary location of the capital. I do not make
this as a specific charge — but it does look to me like the whole thing has
its origin there. I do not think, sir, that my honor is tarnished in the
least, by sitting here with Mr. Hubbard and Mr. Hutchinson, and I think
[*387] it would be far best now to bury this *whoIe thing, and let it
slumber. And 1 do not think that the people of Kansas — after the ex-
hibitions of the gross frauds which we have had in this Territory — will

Wednesday, July 27, 1859. 511

feel that their honor has been tarnished or their dignitj- at all compromised
by anything that appears in this case. And I think the charge of cor-
ruption and fraud here comes with a very bad grace from members of
that party from whence have sprung so recently at the Delaware Cross-
ings, and other places in this Territory, the most glaring election frauds
on record.

Mr. Foster. Mr. President, I would inquire what is the accusation
against Mr. Hubbard, that he should be expelled? There has been no
reason assigned for inserting his name in the resolution.

Mr. Blunt. Mr. President, I move to lay the whole subject on the
table.

Mr. Slough demanded the yeas and nays, which being ordered and
taken, resulted — yeas 18, nays 14 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, J. Blood, N. C. Blood, Crocker,
Button, Griffith, Hanway, Houston, Lillie, Lamb, McCuUough, Preston,
Stokes, -Simpson, Townsend, Williams — 18.

Nays — Messrs. Barton, Foster, Forman, Graham, Hippie, Middleton,
Moore, McDowell, McCune, McClelland, Parks, Slough, Stinson, Stiarwalt
—14.

So the subject was laid on the table.

Mr. McDowell moved that the testimony reported from both of these
investigating committees be printed.

Mr. Houston moved to lay the motion on the table.

Mr. Slough demanded the yeas and nays and they were ordered, and
being taken, resulted — yeas 21, naj's 14 — as follows:

Yeas — Messrs. Burnett, Blunt, J. Blood, N. C. Blood, Crocker, Dutton,
Graham, Griffith, Hanway, Houston, Ingalls, Lillie, Lamb, Middleton, Mc-
CuUough, Preston, Porter, Stokes, Simpson, Townsend, Williams — 21.

Nays — Messrs. Arthur, Barton, Foster, Forman, Hippie, Moore, Mc-
Dowell, McCune, McClelland, Parks, Ritchie, Slough, Stinson, Stiarwalt
—14.

So the subject was laid on the table.

apportionment — memorial — ^amendments — miscellaneous — elections.

Mr. Ingalls. In behalf of the Committee on Phraseology and Arrange-
ment, submitted the following:

The Committee on Phraseology and Arrangement ha\'ing had under con-
sideration the articles entitled "Apportionment," "Memorial," "Amend-
ments and Miscellaneous," and "Elections," respectfully submit the fol-
lowing report:

apportionment.

Section 1, fine 1st. For "permanent" read "future."

Sec. 2, line 1st. For "a permanent apportionment" read "an apportion-
ment." For "1865" read "1866."

Sec. 3. After "divided" read "into election districts, and the Represent-
ative and Senators shall be," &c.

"13th District. Morris, Chase and Butler, two Representatives, and
one Senator."

"14th District. Arrapahoe, Godfrey, Greenwood, Hunter. Wilson, Dorn
and McGee, one Representative."

512 Convention Proceedings and Debates.

memorial.

1st Resolution, line 2. Strike out "be and." In last line strike out "in
the State."

3d Resolution. Read, "That Congress be further requested to pass an
act granting all the swamp lands," &c.

4th Resolution. Read "That Congress be further requested to pass an
act appropriating," &c.

5th Resolution. Strike out "of this State" after "Legislature." Strike
out "by law" after "provision."

Append an additional section to read as follows:

"Resolved, That it is the desire of the people to be admitted into the
Union with this Constitution."

amendments and MISCELLANEOUS.

Strike out the Homestead clause, and read as follows: "The Legislature
shall pass a hberal Homestead law."

[*388] *ELECTIONS.

For section 2 read as follows:

"General elections shall be held annually on the Tuesday succeeding the
first Monday in November. Towmship elections shall be held on the first
Tuesday in April, until otherwise provided by law."

Suffrage, section 1. Strike out the words "at such election," in the last
Hne.

Sec. 2. Strike out "at any election" in two places.

Sec. 3. Read "the State" for "this State."

Sec. 5. Transpose and read: "Every person who shall have given or
offered a bribe to procure his election, shall be disqualified from hold-
ing," &c.

Sec. 6. For "go out of this State" read "go out of the State." Strike
out the words "in this State" in the last line.

On motion of Mr. Burris, the consideration of the committee's recom-
mendation with reference to the article on elections and electors, was
taken up.

The committee's recommendations with reference to sections 1, 2 and 3,
having been read —

Mr. Blunt. Mr. President, is an amendment to this section in order
at this time?

The President (Mr. Griffith in the Chair). The ruling of the Chair
has been to go through the report first.

The report having been passed —

Mr. Blunt. I now move to reconsider the vote adopting the third sec-
tion. I will state the object briefly. It is for the purpose of re-instating
the word "such" before "soldier," as it originally stood in the report —
second line from the bottom of the section.

Sec. 3. No soldier, seaman or marine in the army or navy of the United
States, or of their allies, shall be deemed to have acquired a resi^'ence in
the State in consequence of being stationed within the same, nor shall any
soldier, seaman or marine have the riiht to vote.

1 am perfectly satisfied that no person who is- a soldier, seaman or
marine, can have a residence and be entitled to vote by virtue of being
stationed at any point. But there misht be persons connected with the
army or navy, who were born and reared in the State, and who have had a

Wednesday, July 27, 1859. 513

residence in the State, and have all their interests in the State, and the sec-
tion as it now stands would cut them off entirely from the right of suffrage.
The section applies also to the exclusion of all seamen in the merchant
marine service, and so all merchant sailors would be disfranchised. The
insertion of the word "such" would cover this ground, so as only to pro-
hibit soldiers and marines quartered in the State.

The Convention refused to reconsider the section.

REGISTRATION OF VOTERS.

Mr. BrRRis. ]Mr. President, I desire to offer the following additional
section :

"Sec. — . The Legislature shall pass such laws as may be necessary for
ascertaining:, by proper proofs, the citizens who shall be entitled to the
right of suffrage hereby established."

Mr. Slough. I move to lay it on the table.

Mr. BuRRis. It is to prevent fraudulent voting. I demand the yeas
and nays.

They were ordered, and being taken, resulted — yeas 13, nays 25 — as
follows :

Yeas — Messrs. Barton, Foster, Graham, Greer, Hippie, Hubbard, Hoff-
man, Moore, McDowell, McCune, Slough, Stinson, Stiarwalt — 13.

Nays — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Button, Forman, Hutchinson, Hanway, Houston, Ingalls, Lamb,
Middleton. McCullouGrh. Preston, Parks, Porter, Ritchie, Signor, Stokes,
Simpson, Townsend, Williams — 25.

So the motion was lost, and the question recurred on the section.

Mr. BuRRis. I merely wish to state, in explanation of that section, that
it is to authorize and require the Legislature to pass a registry law.

A voice. We caught that.
[*389] Mr. BuRRis. A doubt is entertained in the *mind of some whether
the Legislature have the right to pass a registry law, unless there is a
constitutional provision to authorize it. In order to relieve the case from
all doubt, I propose this section.

Mr. Slough demanded the yeas and nays, and they were ordered, and
being taken, resulted — yeas 26, nays 15 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Button, Graham, Greer, Griffith, Hutchinson, Hanway, Houston,
Ingalls, Lamb, Middleton, McCuUough, Preston, Ritchie, Signor, Stokes,
Simpson, Townsend, Williams, Mr. President — 26.

Nays — Messrs. Barton, Foster, Forman, Hippie, Hubbard, Hoffman,
Moore, McBowell, McCune, McClelland, Parks, Porter, Slough, Stinson,
Stiarwalt — 15.

So the section was adopted.

Mr. J. Blood. Mr. President, I propose an amendment. Insert the
follo\ving after the provision for electors — I do not remember the number.
I propose to offer as an amendment to the section specifying the qualifica-
tions of electors, and for that purpose I move to reconsider, so as to enable
me to offer the following:

"Provided, that the Legislature may at any time extend by law the
right of suffrage to persons not herein enumerated; but no such Liw shall
be in force until the same shall have been submitted to a vote of the

33 — 778

514 Convention Proceedings and Debates.

electors at a general election, and approved by a majority of all the votes
cast at such election."

Mr. President Winchell (Mr. Griffith in the Chair), It is the second
specification in section first.

The motion to reconsider was agreed to — affirmative 17, negative 13.

Mr. Winchell. I now move to amend as proposed by the gentleman
from Douglas [Mr. J. Blood] .

Mr. BuRRis. Mr. President, I trust that will not pass. It seems to
me it is nearer right as the section stands. It is extending the right of
suffrage to all citizens of the United States, and all foreigners who have
declared their intention to become citizens of the United States, and have
resided in the State sLx months next preceding such election — it seems to
me that is extending the privilege of the exercise of that franchise far
enough — just as far as I desire to go. This additional section provides
that the Legislature may pass such laws as may be necessary for ascer-
taining, by proper proofs, what other persons shall be entitled to this
franchise. I am opposed to loading down the Constitution in this way.
If it should appear to be necessary, in our future experience, to admit
others to the enjoyment of this franchise, it would be competent to change
the Constitution for that purpose. And I am confident, sir, that the
Constitution wUl be changed before such a thing will be needed.

Mr. President Winchell. Mr. President, I have two reasons for
being in favor of the proposed amendment. One is, that it leaves this
whole matter, after all, with the people, to determine whether they will
or not extend the right of suffrage to persons not here enumerated. And
the other is in the fact that we have many native inhabitants of the
country — Indians — who are at present not citizens of the United States —
not entitled to vote — and who, from time to time, by treaty stipulations,
are becoming citizens, under such regulations as might make it a matter
of justice to extend to them the right of suffrage. And then I am opposed
generally to tying up the hands of the Legislature so that they cannot
submit these questions to the people — having no fear that the people will
decide what is unjust.

Mr. J. Blood. Mr. President, I have but one word to offer in ex-
planation of the motives which prompted me to offer that section. I was in
favor of extending the right of suffrage to civilized Indians. There are
some, I believe, who should be entitled to vote. But there were others
[*390] who objected to admitting *them. And for the sake of accom-
modating conflicting views, I moved to insert this — that the Legislature
may have power to extend suffrage to Indians by submitting the law to
the people. I think, by requiring submission, that no evil can grow out
of it.

Mr. Stinson. I rise to inquire whether there is not " 'a colored brother'
in that wood-pile?"

Mr. J. Blood. The Indians, I believe, are sometimes called "colored."
It includes all who might be regarded as entitled to the right of suffrage.

Mr. Ritchie. Mr. President, I move to strike out "ten" and insert
"thirty" (days next preceding such election).

Mr. Winchell. Mr. President, no amendment can be in order, I
apprehend, except it be an amendment to the amendment, till after the
amendment of the gentleman from Douglas shall have been disposed of.

Mr. Ritchie. Then I will offer a few reasons why I am in favor of
the amendment of the gentleman from Douglas. I am aware that this is

Wednesday, July 27, 1S59. 515

a delicate question. But inasmuch as there has been only one class of
our fellow-beings alluded to as probably asking the right of suffrage, I
would call attention to those who are now asking for this right in behalf
of those who were the first governors of us all — 1 mean our wives and
our mothers.

Mr. J. Blood (interposing). If the gentleman will allow me — it does
contemplate that this right may be extended to any class of persons.

Mr. Ritchie. But I understood the gentleman as referring to the
Indians, particularly, and he gave that as the reason why he introduced
it. Now, I am in favor of it, because, while it would not cut off the
Indian, it would include the African and the female portion of [the]
community. Now, sir, I want the indulgence of the House; for if in-
tellect, virtue, propriety, decency, are required in the affairs of govern-
ment, then the female has the right of suffrage as clearly as the negro
or the Indian — or the drunken, illiterate, ignorant Democrat or Republican
either. Sir, I believe in universal freedom. I believe in the doctrine of the
Declaration of our fathers. I am not here to muddle up these questions.
I am in favor of meeting them fairly. And I believe the day is not far
distant when the intelligence and virtue of Kansas will be asking this
right for all. My God! if I thought we were forever to bow to that
Democratic rule — that drunkenness and debauchery in human shape were
regular qualifications entitling to the right of the elective franchise, I
would be ashamed of my own position.

Mr. BuRRis. Mr. President, I wish to offer one word more. As ex-
plained by the gentleman from Shawnee (Mr. Ritchie) this amendment,
it seems, goes much farther than to the Indians. Now, if the gentleman
from Douglas (Mr. J. Blood) and the gentlemala from Osage (Mr. Win-
chell) are simply in favor of extending suffrage to the Indians, why not
say so? Let us incorporate what we mean into the Constitution in plain
language. Why attempt to get round it by authorizing the Legislature to
include any other class? Why, a corrupt Legislature might provide that,
not only Indians and negroes, but boys and girls, females, felons, drunkards,
and every class of beings in the State of Kansas should have the right to
vote on occasion! Sir, if it is necessary to have a Constitutional restric-
tion here at all, let us know how far it goes. If we want to embrace
every class of beings, let us extend the right now. But not leave it to
the Legislature. If we are going to leave it to the Legislature, let us
strike out the section entirely. What is the object of a Constitution, if
it is not to lay down fundamental rules by which the Legislature shall be
guided and restricted? Then, if we are disposed to have a Constitutional
restriction here — if we are determined to provide in the Constitution the
qualifications of electors, let us do it. Let us provide that such and such
[*391] persons shall vote, and none others. Sir, I am satis*fied with the
section as it is. I would not object to the amendment for the purpose of
embracing the particular class indicated in the remarks of the gentleman
from Osage; but I am not in favor, whilst professing to authorize the
Legislature to extend the right of suffrage to civilized Indians — of authoriz-
ing them, at the same time, to extend it to the wild Indians, females, boys,
negroes and felons.

Mr. J. Blood. Mr. President, the gentleman from Johnson (Mr. Burns)
seems to misapprehend the meaning of the section. It is not proposed to
leave this power in the hands of the Legislature, but to confide it to the
hands of the people. Mr. President, I have confidence in the people of
Kansas. I think they are as competent as this Convention is to decide tliis

516 Cox\'EXTiox Proceedixgs and Debates.

question, and I am entirely willing to leave it [at] all times in the hands
of a majority of the electors of the State.

Mr. HipPLE. ]\Ir. President, I submit the follow-ing, to come in at the
close: "Provided, that the right to vote shall never be extended to negroes
and mulattoes."

Mr. BuRRis. I move that the whole question be laid on the table.
Mr. Greer demanded the yeas and nays, and the vote stood — yeas 32,
nays 11 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, Crocker, Button, Foster,
Forman, Graham, Greer, Griffith, Hippie, Hubbard, Hoffman, Hanway,
Ingalls, Lillie, Lamb, Middleton, Moore, McCune, McClelland, Palmer,
Parks, Porter, Ross, Signer, Slough, Stiarwalt, Simpson, Townsend, Wil-
liams—32.

Nays — Messrs. J. Blood, N. C. Blood, Hutchinson, Houston, McDowell,
McCuUough, Preston, Ritchie, Stinson, Stokes, Mr. President — 11.

So the subject was laid on the table.

Mr. Greer. I now move the adoption of 'the Article as a whole.

Mr. Ritchie. I desire to propose an amendment to the first section.

Mr. WiNCHELL. Before voting on the motion to reconsider, I would
like to know what the amendment is.

Mr. Ritchie. The object is to strike out the word "ten," and insert
"thirty," in order that pipe-laying may be made a httle more difficult. All
those who are not in favor of pipe-laying will vote for any motion to recon-
sider the first section.

The section was reconsidered. It follows:

"Section 1. Every white male citizen of twenty-one years and upwards
belonging to either of the following classes — who shall have resided in
Kansas six months next preceding any election, and in the township or
ward in which he offers to vote, at least ten days next preceding such elec-
tion, shall be deemed a quahfied elector."

Mr. Ritchie. I now move to insert "thirty" days instead of "ten."

Mr. WiNCHELL. I second the motion.

Mr. Ritchie demanded the yeas and nays, and the vote stood — yeas 31,
naj''S 12 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Dutton, Graham, Griffith, Hutchinson, Hanway, Hoffman, Hous-
ton, Ingalls, LiUie, Lamb, Middleton, McClelland, McCullough, Preston,
Palmer, Parks, Porter, Ritchie, Ross, Stokes, Simpson, Townsend, Williams,
Mr. President — 31.

Nays — Messrs. Barton, Foster, Greer, Hippie, Hubbard, Moore, Mc-
Dowell, McCune, Signor, Slough, Stinson, Stiarwalt — 12.

So the amendment was adopted.

Mr. Blunt. I move the adoption of the Article as a whole.

Mr. Stinson. I move an additional section — to come in as section first.
I will read it :

"No Democrat shall be allowed to vote at any election under this Con-
stit\ition."

The President. The Chair is compelled to rule the gentleman out of
order.

Section 1 was then adopted as amended.

Wednesday, July 27, 1859. 517

And then, the Article, as amended, was adopted as a whole, and re-
ferred for arrangement and enrollment.

[*392] *JUDICIAL.

Mr. Ingalls, from the committee on Phraseology and Arrangement, re-
ported, that, having had under further consideration the Article on "Ju-
diciary," they submit the following:

Section 1. After "law" read "and all courts of record shall have a seal
to be used in the authentication of all process."

Sec. 2. In line 6, after "Constitution" read "and every six years there-
after." Ingalls, Chairman.

The recommendations were agreed to, and then the Article, as amended,
was ordered back to the committee for final enrollment.

adjournment sine die.

Mr. Hipple submitted the following:

"Resolved, That this Convention will adjourn sine die on Friday, July
29th, at 12, M."

On motion by Mr. Burris, it was laid on the table. .

homestead.

Mr Blunt submitted the following:

"Resolved, That the committee on Phraseology and Arrangement be
instructed to prepare an Article for submitting to a separate vote of the
people, for their ratification or rejection, the section in relation to a home-
stead exemption."

Mr. Houston. I move to lay it on the table.

Mr. Blunt. I demand the yeas and nays.

The President. The Chair is informed that there are no tally-hsts.

The House then divided — affirmative 27, negative 12.

So the resolution was laid on the table.

amendments — homestead.

On motion by Mr. Stinson, the Convention took up the recommenda-
tions of the committee on Phraseology and Arrangement, with reference to
the Article on Amendments and Miscellaneous.

The Secretary read the first recommendation, viz: "Strike out the
homestead provision, and insert these words: 'The Legislature shall pass a
liberal homestead law.' "

The original section follows:

"Sec. 9. A Homestead to the extent of one hundred and sixty acres of
farming land, or of one acre within the limits of any incorporated town or
city, occupied as a residence by the family of the owner, together with all
improvements on the same, shall be exempted from forced sale under any
process of law, and shall not be alienated without the joint consent of the
husband and wife when that relation exists; but no property shall be
exempt from sale for taxes or for the payment of obligations contracted for
the purchase of said premises, or for the erection of improvements thereon.
Provided; the provisions of this section shall not apply to any process of
law obtained bv virtue of a lien given by the consent of both husband and
wife."

The President. The Chair is informed by a member of the comjiiittee,

518 Convention Proceedings and Debates.

that this Article has been previously before the committee on Phraseology
and Arrangement, and that it is properly now in their hands simply for
arrangement and enrollment.

Mr. Ingalls. Mr. President, I am in possession of the most positive
information, both from other members of the committee and the secretary,
that the Article on Miscellaneous, which contains the Homestead provision,
has been acted on by the committee to-day for the first time. Their
action is incorporated in the provision just read.

After some conversation relative to previous action on this subject, con-
firmatory of this statement —

The President. The Chair is under the necessity of ruling the provi-
sion reported as not in order, from the fact, that the same matter has
been previously proposed in Convention and rejected.

Mr. J. Blood. I believe I offered one similar to that, and it was rejected.
And I had intended, when this question came up again, to propose an
[*393] amendment, which I will now *read. It covers more ground than
the report:

' "The Legislature shall pass a liberal homestead law, and a law exempt-
ing a reasonable amount of property from seizure and sale on contracts
heretofore made."

The President. The gentleman from Douglas is out of order in two
ways. It is not in order to introduce new matter without a reconsidera-
tion; and in the second place, though his proposition covers more ground
than the matter reported from the committee on Phraseology, it does not
cover more ground than has been heretofore proposed and rejected.

The Article was then again adopted as a whole, and referred for Ar-
rangement and Enrollment.

authentication of the constitution.
Mr. McDowell submitted the following:

"Resolved, That when this Constitution shall be adopted, it shall be
authenticated by the President and Secretary of the Convention."
The resolution was adopted.

apportionment — PROTEST.

Mr. Stinson. Mr. President, I desire to offer the follo\\'ing protest
against the action of the Convention in the apportionment of the State for
representative purposes:

"We, the undersigned, members of the Constitutional Convention as-
sembled at Wyandotte, Kansas Territory, on the 5lh day of July, 1859.
do hereby solemnly protest against the action of this Convention in appor-
tioning the State for Representative purposes. We protest against the
action of the majority upon this question because said apportionment is
based upon no known rule of representation, and was evidently devised to
meet the necessities of a political party and not to secure a full and fair
representation to the people — because population has never been con-
sulted in making said apportionment as the basis thereof — because counties
antagonistic in interest have been annexed to each other for Representative
purposes without the shadow of excuse or reason, save only to secure the
triumph of the Republican party, as in the case of Johnson and Wyan-
dotte counties being attached to Douglas county, and in the case of Jack-
son and Jefferson counties being attached to Shawnee — because the system

Thursday, July 28, 1859. 519

of attaching small counties to large ones is a practical disfranchisement of
the small counties — because said apportionment is throughout a mere
political scheme unworthj' the dignity of this Convention.

We further protest against the action of the majority upon this ques-
tion, in moving the previous question, and thus preventing a full dis-
cussion of this important measure.

Samuel A. Stinson, R. C. Foster, Jr.,
John Stiarwalt, A. D. McCune,

C. B. McClelland, Eph. Moorb,

John P. Slough, E. M. Hubbard,

W. C. McDowell, John T. Barton,

John" W. Forman, B. J. Wrigley."

Under the rules of the Convention, the Protest lies one day on the table.

MR. Hubbard's protest.

On motion by Mr. McDowell, it was ordered that Mr. Hubbard's Pro-
test, submitted yesterday, be now entered upon the journal of the Con-
vention.

apportionment.

On motion by Mr. Slough, the recommendations of the committee on
Phraseology and Arrangement with reference to the Article on Apportion-
ment, were taken up and concurred in.

Mr. McDowell. Mr. President, I have an additional section which I
desire to offer.

The President. The gentleman's additional section will not be in order,
because a motion to reconsider this Article has been laid on the table. By
unanimous consent it might be in order.

Mr. McDowell. I think this wdll meet with the general approbation
of the body.

A Voice. I object.

The President. The gentleman's amendment mil not be in order.
[*394] *Mr. McDowell. 1 am sorry for it. It's a good one.

After some conversation on the order of business to-morrow in the veri-
fication of the several Articles of the Constitution, &c. — in which Mr.
Slough and Mr. Winchell participated —

Mr. Meyer's account of two hundred and ninety-five dollars and ninety-
four cents was allowed; and then —

The Convention adjourned till to-morrow morning at nine o'clock.

Thursday, July 28, 1859.
The Convention met at 9 o'clock, a. m.

Prayer by the Chaplain.

The journal of yesterday was read and approved.

absence.

Mr. Wrigley. ]Mr. President, my colleague (Mr. Hubbard) has been
compelled to return home on account of sickness in his family. 1 ask for
him leave of absence.

No objection being made, the leave was granted.

520 Convention Proceedings and Debates.

auditing and certification account.

Mr. J. Blood. Mr. President, if resolutions are in order, I desire to
offer the following:

"Resolved, That the President and Sergeant-at-Arms be authorized and
instructed to audit and certif}- all claims against the Territor}', growing
out of the action of this Convention, not otherwise acted on by this Con-
vention."

The resolution was adopted.

PROTEST.

Mr. Stinson. Mr. President. I offered on yesterday a protest in be-
half of several members of this Convention, which was laid upon the table.
I ask that it be taken from the table and placed upon the records.

Mr. Crocker. If in order, I wish the minority report of the Committee
on Apportionment to be appended to the motion.

The motion was agreed to.

]\Ir. Stinson. I move now that the protest and report be entered upon
the journal of the Convention.

The motion was agreed to.

THE HOMESTE.^D.

Mr. Thacher. Mr. President, I understand there was a resolution
offered by the gentleman from Anderson (Mr. Blunt) yesterday, which I
wish to move to call from the table. I understand it was so laid, under
a misapprehension of the nature of the resolution. I believe it to be one
which it is wise and best for us to adopt. I understand it to be a resolution
directing the Committee on Phraseology and Arrangement to prepare an
article for submission directly to the people, as a separate vote, the ques-
tion of the homestead. I believe nine-tenths of the people are in favor
of it, and I believe it would be wise and just for this Convention to sub-
mit that question directly to the people at the time of the adoption of the
Constitution. It will necessarily call out a large vote for the Constitution,
and induce many men to come out to vote who might other\\ise keep
away from the polls. I move to take that resolution from the table.

The motion was agreed to, and the resolution was taken up.

Mr. Thacher. Mr. President, I move the adoption of the resolution.

It is as follows:

"Resolved, That the Committee on Phraseology and Arrangement be
instructed to prepare an article for submitting to a separate vote of the
people, for their ratification or rejection, the section in Miscellaneous de-
partment relating to the Homestead exemption."

Mr. Blunt. Mr. President, I desire to make a few remarks. I do not
propose to discuss the question of a homestead law, for that has been dis-
posed of, but I do think that this Convention should submit this as a
separate proposition to the people. The homestead clause as it now stands
is not what I desire, because the benefits accruing from it are not to be
[*395] obtained *by all classes of persons. But if it is so very popular,
as gentlemen upon this floor have asserted, there certainly can be no
danger m submitting it to a separate vote. If the people desire it, they
\v\\\ adopt it; but if they do not desire a homestead law, it should not be
forced upon them. Leave it as it is, and they will be forced to adopt it,
or vote against the whole Constitution for the sake of voting against that

Thursday, July 28, 1859. 521

one provision. I desire that the body of this Constitution should be
ratified by the people in a larre and respectable vote. I happen to know
the feeling of the peoi)le I represent upon this question of homestead — it
having been incorporated in the Leavenworth Constitution, and the matter
having been discussed in the election of delegates to this Constitution. 1
believe if the Constitution, without that homestead clause, were to be sub-
mitted to the people, it would be ratified by the people of my county, al-
most without a dissenting voice. I believe there is nothing in that Con
stitution, with the exception of that clause, but what will meet their
approbation; but I do believe if it is submitted to them with this home-
stead exemption, in order, to defeat that clause in the Constitution, a
majority of them will be compelled to vote against the whole instrument
It is only to save the Constitution — that it may be ratified by a larse and
respectable majority — that I desire this proposition should be submitted
to the people in a separate form. No harm would be done by it, and it is
attended with neither expense nor difl[iculty.

Mr. J. Blood. Mr. President, I am in favor of a liberal homestead
exemption, and believing it just and right that the people should be privi-
leged to vote upon a question of such universal importance as that of a
homestead exemption, I favor the proposition of the gentleman from
Anderson (Mr. Blunt) to submit the question to a direct vote, separate
from the Constitution.

Mr. Houston. Mv. President, I desire to say that we have passed
three times on that homestead matter, and I thought we had settled that
thini. But now we are asked to take it up again, after it has passed into
the hands of the Committee on Phraseology and Arrangement the last time.
I am not certain that we have any right to take it up, or whether we can
take it up [at] all.

The PRKsmENT. Does the Chair understand the gentleman to make a
point of order?

Mr. Houston. Yes, sir.

The President. The Chair would rule that the resolution is in order
The Committee on Phraseology and Arrangement was appointed for the
purpose which its name indicates; and this is simply a question of arrange-
ment as to whether it shall appear as an integral part of the Constitution
or an independent portion.

Mr. Houston. As I have spoken quite freely on previous occasions,
upon this subject, it is not my purpose to enter at large into the discus-
sion of it now. I am one of those men who, having made up their mind
that a measure is right, have no disposition to change it. I discriminate
between a homestead and an exemption. I regard a homestead measure
as a matter of State policy — as just, proper and beneficial. I wish the
home of a family to be kept sacred, so that it cannot be invaded by tricks
of the law or of trade. Now, sir, this Convention came to a conclusion
upon this subject, and are we to get alarmed as to whether our position
is correct? Shall we say, at this late hour, that we are afraid this measure
will not be sustained? There may be some men who are opposed to the
great agricultural interests of the State, who would be willing to see it go
into chaos — who might still oppose this measure. There are motives and
considerations that operate upon a certain class of men in every community
who would Uke to have this homestead bill so modified that they could
run it up or down to suit their conveniences. I have taken my position
firmly, and I shall still vote as I have voted. I believe it is a measure that

522 CoN\'EXTioN Proceedings and Debates.

will build up the State and improve and beautify it; and I don't believe
it will affect the vote on the Constitution.

[*396] *Mr. Griffith. Mr. President, in advocating the submission of
this section to a separate vote of the people, 1 do not abate one jot of mj-
attachment to the homestead principle, 1 am clearly committed at home
and on this floor in favor of a hberal homestead law; and 1 approve the
section adopted by this Convention. But while I approve, I am not clear
that a majority of the voters of the county, which I in part represent, ap-
prove, or that the voters of the whole Territory approve. Let the section,
then, be submitted. If approved it will hold its place in the Constitution.
I also favor submission as a compromise. Some approve the section.
I am willina: to give them an opportunity to vote against it without being
obhged to withhold their support from the Constitution. I favor this also
for the especial relief of our Democratic friends. If they wish to make
opposition to this homestead law, let us meet them before the people.

Mr. Ritchie. IVIr. President, it seems to me, sir, that this body should
maintain some character for integrity and dignity, and in order to sustain
the dignity of this body, I am opposed [to] the manner of taking up a
measure to-day and repealing it to-morrow. The argument offered by the
gentleman from Douglas (Mr. Thacher) shows clearly that he is of
opinion that nine-tenths of the people would endorse this measure. Why
then carry this out from this body, inasmuch as it will be passed unani-
mously almost? If I beUeved nine-tenths of the people were in favor of it,
I would not want any better argument for it to remain. If I believed a
majority of one man was in favor of it I would advocate its retention. I
believe in the principle of a majority ruling. Now we have a majority,
according to the argument, of nine-tenths, and yet gentlemen are opposed
to what will please nine-tenths of the people. 1 am in favor of this meas-
ure because it gives to the people the right of a homestead. God granted
this right to the people, and I am in favor of continuing that right to the
people. 'Tis plain to be seen, that there are some weak-kneed Repubhcans
here who are not willing to endorse a principle because it is right. Who
has not read it in every RepubUcan paper throughout the land, that one of
the planks is "A home for the homeless, and no nigger for the niggerless."
We have shown ourselves as willing to endorse the principle of a home for
the homeless. You desire to act upon policy; but I warn you as Repub-
licans not to make it all policy. I want to see the Repubhcan party take a
position upon the right, and all the people will sustain them upon the right.
But if all is to be jdelded — if nine-tenths must come down because the
other tenth won't — I would not give a cent for such Republicanism. If
this Constitution were one which would have no opposition, I would not
vote for it. It is on account of the opposition to it that I like it.

Mr. Stokes. Mr. President, for the reasons the gentleman (Mr. Ritchie)
assigns I shall vote for the resolution. I think if nine-tenths of the people
are in favor of it, it would be the means of drawing people to vote for the
Constitution.

Mr. Griffith. Mr. President, I do not appreciate the remarks of the
gentleman from Shawnee (Mr. Ritchie) in regard to weak-kneed Repub-
licans, I came to this Convention not to look after the interests especially
of the Republican party, but to assist in making a Constitution for the
whole peoi)le, and no insinuation of want of attachment to Republican
principles shall deter me from the discharge of my duty in such manner as
my poor judgment shall approve. I repeat, sir, that by submitting this
section to a vote of the people we yield nothing, and we risk nothing.

Thursday, July 28, 1859. 523

Mr. Hutchinson. Mr. President, at the time the section now under
consideration was adopted by this Convention, I think I voted against it;
and giving that vote against a majority of my Republican friends, 1 did so
[*397] because I believed that the provisions of that ^homestead clause
should be modified. Kow we are come down to the last day of the session,
and it is impossible to enter into the merits of discussion, as to the prin-
ci])le of the homestead. I believe it to be one of the first riahts of the
people — equal to the right of jury trial — to possess property. I believe it
stands on the same ground with the right to preserve life. I have favored
this principle for many years, and I came here determined to do it in this
Convention. At the same time, \'iewing the position we are placed in here
to-day — admitting that we have committed a slight error in framing that
section as it is — I do not now propose to change it, but am willing to take
the advice of those around me, and it may be considered a species of giving
down I care not for that, it is time for us to consider this matter well, and
if there is no other way but to compromise, even if we compromise prin-
ciple slightly — I am going to vote in favor of the resolution.

The yeas and nays were demanded on the adoption of the resolution,
and being ordered and taken, resulted — yeas 35, nays 8 — as follows.

Yeas — Messrs. Arthur, Blunt, Barton, Burris, J. Blood, N. C. Blood,
Foster, Forman, Griffith, Hutchinson, Hanway, Hoffman, Ingalls, Lillie,
Lamb, Middleton, May, McDowell, McCune, McClelland, McCuUough.
Preston. Palmer, Porter, Signor, Sloudi, Stinson, Stiarwalt, Stokes, Simp-
son, Thacher, Townsend, Wrigley, Williams, Mr. President — 35.

Nays — Messrs. Burnett, Crocker, Button, Graham, Greer, Houston,
Parks, Ritchie— 8.

So the resolution was adopted.

LIST OF MEMBERS.

Mr. McClelland. Mr. President, I find that the printed list of the
names of members of the Convention are incorrect in many respects, there-
fore I offer the following resolution:

"Resolved, That the Serseant-at-Arms be instructed to get printed three
hundred copies of a corrected list of the members and officers of this Con-
vention for the use of the same."

The resolution was adopted.

LIPMAN MEYER.

Mr. Middleton. Mr. President, will remonstrances be in order?

The President. That order is passed; but, no objections being made,
the remonstrance will be received. The Secretary will read the remon-
strance.

It follows:

"Wyandotte, July 28, 1859.

To the President and Members oj the Constitutional Convention for the
Territory of Kansas:

The subscriber respectfully remonstrates and solemnly protests against
the action of your Honorable body upon the bill presented by him for
the use of the Convention room. He says that he has been put to a great
expense in fitting up the hall, which he otherwise would not have incurred.
That assurance was given him that the Convention would allow a reason-
able compensation for the use of said hall, according to many precedents.

He also says that the expense of fitting up said hall to be paid in cash,

524 Convention Proceedings and Debates.

and that, consequently, payment of scrip, at its present discount, will be
very poor remuneration.

He therefore prays your Honorable body to reconsider the action herein
before taken upon the matter, and that his bill shall be taken up again
into consideration. Lipman Meyer."

The President. Under the rules the remonstrance lies upon the table.

Mr. MrDowELL. Mr. President, on yesterday, when the chairman of
the investisjatins; committee reported the testimony taken by them, two
minority reports of that committee were read, and there was a motion made
and carried to lav the who^e subiert on the table. I rise for the purpose of
moving to take these matters off the table.

The President. The Chair will state that resolutions are the present
order.

Mr. MrDowELL. Such a motion was made by Mr. Thacher just now.

[*398] The President. It was on a question to take *up a resolution.
Resolutions are the order now.

Mr. McDowell. I will then offer a resolution.

The President. Under the ruling of the Convention, anything can be
reached in the shape of a resolution. The gentleman will prepare his
resolution.

enrolled copy of the constitution.

Mr. J. Blood. I offer the following resolution:

"Resolved, That the President of th's Convention be and he is hereby au-
thorized to have the enrolled Constitution, with the signatures attached,
transcribed upon parchment, to be verified by his certificate, and that the
same be deposited in the office of the Secretary of State."

Mr. Hutchinson. I would simply enquire what is to be done with it
l)efore we have a Secretary of State?

Mr. Graham. Is it intended that the members should all be required
to sign?

The President. The Chair understands the purport of the resolution
to be this: the original, which is here signed by the members of the
Convention, shall be copied afterwards upon parchment with the signature,
and certified to by the President, and the parchment copy be placed in the
office of the Secretary of State.

Mr. Blunt. I wish to enquire if there was not a resolution passed
yesterday, causing it to be certified to by the Secretary also?

The President. The signing "by the President and Secretary would not
])rohibit the signatures of members. The resolution was adopted.

investigation.

Mr. McDowell. Mr. President, I offer the following resolution:

"Resolved, That the Convention now take up from the table for con-
sideration, the testimony and reports presented by the committee on in-
vestigation."

Mr. President, I desire to say a few words in support of this resolu-
tion. I think, as the matter now stands before the Convention, very great
injustice was done to a very worthy member of this Convention (Mr.
Hubbard) and in order to substantiate that proposition, I propose briefly
to refer to the history of the whole matter. On motion of my colleague,
Judge Parks, a committee was the other day appointed to investigate the

Thursday, July 28, 1859. 525

charge that an offer had been made to influence the vote of a membei-
of this Convention in a corrupt way, the offer of a lot in the town of
Lawrence. That resolution was adopted and a committee appointed,
and that committee reported certain testimony which, by a vote of this
Convention, was laid upon the table. In that testimony is set forth that
Mr. Hubbard, of Doniphan, swore positively that Mr. Hutchinson, of
Douglas, had offered him, as an inducement for him to vote for locating
the capital at Lawrence, a lot in the town of Lawrence — that was posi-
tively sworn to. Mr. Hutchinson as positively swore that no such offer
had been made; leaving the testimony equally balanced; one man had
sworn positively in the affirmative, and another in the negative. After-
wards Mr. Hubbard introduced a protest against the action of the Con-
vention, in which protest he recites that Mr. Hutchinson came to him in the
Convention, in the presence of two persons— two members — Messrs. Bar-
ton and Burnett, and stated to him that he had offered him a lot, but
that the question put to him by the investigating committee was, whether
he offered lots? Upon that protest Col. Slough introduced a resolution
asking for the appointment of a committee to investigate the charge of
perjury against Mr. Hutchinson. That resolution was adopted. The com-
mittee was appointed. That committee reported the testimony taken, and
accompanying that report were two minority reports — Col. Slough offering
one, signed by himself and Mr. McCune, of Leavenworth, reciting that Mr.
[*399] Hutchinson was guilty of moral ^perjury, and asking that the
Convention should expel him for that cause. As an amendment to that
resolution, Mr. Graham, from Atchison, moved to add the name of Mr.
Hubbard, alleging as a reason therefor, that Mr. Hubbard was as guilty
as Mr. Hutchinson. At that stage of the proceedings, Mr. Blunt, of
Anderson, moved to lay the whole matter upon the table. Thus stands
the matter upon the record, casting an imputation upon the character
of Mr. Hubbard, which he nor none of his friends had any opportunity
to repel, for the motion to lay on the table cut off all debate. In relation
to the motion made by the gentleman from Atchison (Mr. Graham) I
have to say that no charge was made against Mr. Hubbard, and there
was no testimony reported to show that Mr. Hubbard was in any way
as guilty as Mr. Hutchinson — to use the language of the gentleman. There
was nothing in that testimony to show that Mr. Hubbard had been guilty
of anything except a refusal to receive a bribe; and thus an attempt was
made by this indirection, without calling upon any committee for an in-
vestigation, to stab the character of Mr. Hubbard. I ask only that justice
may be done to all parties — that the testimony may be taken from the
table, together with the several reports submitted by the minorities, and
that this Convention may proceed to take such action as the testimony
warrants them in taking.

. Mr. Thacher. Mr. President, I sincerely hoped, at this late stage of
the session, that this matter would be allowed to slumber; because if I had
been in my place when this matter was brought up, I should have felt it
incumbent upon me to add the names of two other gentlemen, who stand
convicted by testimony and by their own confession, of offering their own
votes and other of their associates to make the capital anywhere, in order
to carry an important measure. I should have felt it incumbent upon me
to have presented their names, as they stand guilty of the charge of the
selling of principle to carry measures through this body. I trust this whole
matter will be allowed to sleep quietly. The truth is, if we enter into this
matter i,t will extend far wider than we have the time or patience to pur-

526 Convention Proceedings and Debates.

sue. And since the Convention in its wisdom has laid it upon the table, I
hope the matter will be allowed to rest. If not, 1 shall feel it my duty to
pursue every member with the same strict, even-handed justice. The testi-
mony did criminate Mr. Hubbard more [than] Mr. Hutchinson, and there
is other evidence criminating other men.

Mr. Stinson. I would enquire of the gentleman from Douglas the
names of those two persons whom he conceives are deeply criminated.
Mr. Thacher. The name of one is Samuel A. Stinson.

Mr. Stinson. I pronounce the assertion here made upon this floor,
charging me with corruption, as infamously and wilfully false.

The President. The gentleman is out of order.

Mr. Stinson. I say I have the right to —

The President. The gentleman is not in order.

Mr. Stinson. Allow me to state that when a grave charge is made
against my personal character, I have the right to vindicate it.

The President. The gentleman will keep within the rules of decorum.
Mr. Stinson. That is the position in which I stand.
Mr. HipPLE. Go on, Stinson; go on!

The President. The Sergeant-at-Arms will take notice of any mem-
ber creating a disturbance. The gentleman will confine himself to the
rules in debate.

Mr. Stinson. I desire and design so to do. I will violate no courtesy
in debate; but there are times when language which would otherwise be
out of order becomes justifiable by the circumstances of the case. The
charge is made to shield corruption, to gild villainy, by attempting to
[*400j throw an imputation upon the ^character of gentlemen who
stand upon this floor untainted by any act which should throw a stain
upon a name. I have avowed here, that I was willing, for the sake of
carrying what I conceived to be a great good to this Territory, to yield a
matter which I did not conceive to involve a principle. We came here
and found that a majority of this Convention were disposed to vote
against the northern boundary being placed upon the Platte river; we be-
lieved that northern boundary to be a matter of great importance to the
people we represent. We found here certain parties negotiating for the
temporary capital of the State, which we conceived to be a matter of a
little importance — it makes but little difference to me whether it goes to
Lawrence or Topeka. But it does make a great deal of difterence whether
we acquire miUions upon millions of square miles, I apprehend. And
when a member gets up here and attempts to cover up villain}^ — bribery —
by alleging that an act which I deem innocent, is corrupt, and branding
that act as bribery, when he assumes to add my name to it, I have the
right of saying that the charge is false.

The President. The gentleman is not in order in using language of that
kind.

Mr. Stinson. I now desire the gentleman from Douglas distinctly to
understand me upon this proposition. I desire him to know what I con-
ceive to be the character of a man who is cowardly .enough to make such
an attack, and rascaUy enough —

The President. Does the Chair understand the gentleman to make
such remarks in reference to a member?

Thursday, July 28, 1859. 527

Mr. Stinson. I did, sir.

The President. The gentleman will confine himself —

Mr. Stinson. I will endeavor to do so. But I desire a full investiga-
tion of this matter. I have the right to have that investigation made. I
have a right to demand that this House shall take action upon this matter,
and that right I will maintain. I ask that this resolution be taken from
the table. I urge it upon members of this Convention as a matter of per-
sonal right; and if this Convention dare expel me, then I will go home
feeling that you, and not I, stand here condemned. I claim this a matter
of right — as a personal privilege — I ask that this matter be taken from
the table and a vote be had upon it with reference to that matter. And in
so speaking I speak not for myself, but there are twelve, I think fourteen,
good and loyal gentlemen who occupy the same position in relation to this
matter that I do; most of whom will beg you to pass upon them the same
as I desire you to pass upon me. I have thought that the rights of minori-
ties here have been violated, but I have too much regard for the personal
character of members of this Convention to think, that they will not deal
out even-handed justice even to the minorities. And I now ask it on be-
half of all the Democrats upon the floor of this House. And in conclu-
sion I will once again say that the charge of corruption, as far as it reflects
upon my character, is hterally, maliciously and damnably false.

The President. Order, order. (Using the hammer).

Mr. McDowell. Mr. President—

The President. The Chair will be under the necessity of ruling gentle-
men to a strict decorum. Does the Chair understand that the gentleman
from Leavenworth desires to speak under the rules?

Mr. McDowell. I desire to make a speech.

The President. Under strict rule?

Mr. McDowell. I expect to call things by their right names. I ex^pect
to call a liar a liar, and a coward a coward, and no man will prevent me.

(Several members were at this time on their feet, and passing across
the Hall from the right; and others rising and standing in their places).

The President. Gentlemen of the Convention will take their seats.
[*401] Members will be seated on both sides. The sergeant-at-arms *will
preserve order. The gentleman from Leavenworth will take his seat.

The Sergeant-at-xArms. Gentlemen, take your seats! Go back and
take your seats!

Mr. McDowell. ]\Ir. President —

The President. The gentleman will take his seat. The Chair is pre-
serving order and will do so. The Chair will invite the gentleman, when he
will be in order, to speak. The Chair enquires of the gentleman if he is
desirous of speaking witliin the rules of order the Chair has laid down?

Mr. McDowell. Yes, sir.

- The President. The gentleman, within that limit, will be permitted to
proceed.

Mr. McDowell. Mr. President, the remarks of the gentleman from
Douglas (Mr. Thacher) implicated me as w-ell as my colleague, who has
just taken his seat. I stated before that committee of investigation what I
stated upon the floor of this Convention, that I regarded the location of
the capital as a very subordinate matter, involving no principle; but that
I regarded the acquisition of north territory lying between our present

528 Convention Proceedings and Debates.

northern boundary and the Platte River, as a matter of the greatest mo-
ment and interest to the future State of Kansas; I had observed to many
that inasmuch as a majority of this Convention were opposed to the ac-
quisition of that territory, if enough of that majority would go with the
Democratic side of the House to secure the acquisition of that territory,
that we would go with them for the location of the Capital. I also offered
that proposition upon the floor of this Convention; and that is what the
gentleman denounces as corrupt. It does seem to me, Mr. President, that
the line of demarkation between that veniality in legislation, and that
point where corruption begins, is obvious to any gentleman's moral sense
however obtuse it may be. When a gentleman receives a personal benefit,
when he receives a pecuniary consideration, when he goes home with some-
thing in his pocket as the result of his ignominy, he is guilty of moral
turpitude, and he should be branded as a scoundrel. But when a gentle-
man receives no other consideration than the addition of magnitude and
wealth to his State — the acquisition of a boon that makes his State one of
the first in the confederacy — it is an assassin-hke virtue that would de-
nounce that as bribery. His moral sense I must confess is more acute than
my own. I have had no hesitancy in making this avowal; and I stand here
to-day reiterating it ; and if that is corruption, I will tell the Convention to
make the most of it. I invite investigation. I have invited investigation.
We swore before the committee without doubt and reservation. We did not
attempt to evade the truth because a particular word was put in the singu-
lar, and not in the plural, or in the plural and not in the singular. I have
invited the Convention to act upon this testimony and I hope they will do it.

Mr. Griffith. Mr. President, I understand that we have almost com-
pleted our labors and are nearly ready to adjourn, and I want to know if
this personal feeling between members upon the Republican side and the
Democratic side, should delay the action of the majority; and for the pur-
pose of testing this matter, I move that the whole matter be laid upon the
table.

Mr. Slough. I demand the yeas and nays.

The President. The Chair is a little in doubt with regard to the pro-
priety of laying upon the table a resolution which has for its object the
calling from the table of any matter. He would suggest that the proper
way would be to vote down or adopt it.

Mr. Griffith. I withdraw the motion.

Mr. BuRRis. I move the previous question.

This demand was seconded by 23 to 6.

The President. The demand for the previous question being sustained,
the question will be upon the adoption of the resolution of the gentleman
from Leavenworth.

The yeas and nays were demanded, and being ordered and taken, re-
sulted— yeas 16, nays 22 — as follows:

[*402] *Yeas — Messrs. Barton, Foster, Forman, Greer, Hippie, Houston,
McDowell, McCune, McClelland, Parks, Porter, Ritchie, Slough, Stinson,
Stiarwalt, Wrigley — 16.

Nays — Messrs. Arthur, Burnett, Blunt, J. Blood, N. C. Blood, Burris,
Crocker, Dutton, Graham, Grifiith, Hanway, Ingalls, Lillie, Lamb, Middle-
ton, McCullough, Preston, Stokes, Simpson, Thacher, Townsend, Wil-
Uams — 22.

So the resolution was rejected.

Thursday, July 28, 1859. 529

Mr. Houston. Mr. President, I will offer a resolution here:

"Resolved, That we exonerate Mr. Hubbard from complicity in the
bribery case which has been before this Convention."

A motion was made to lay it on the table.

Mr. Blunt. Mr. President, I move to amend by including Mr. Hutch-
inson.

The President. The Chair does not understand that the resolution
can be amended while there is a motion pending to lay on the table.

The motion to lay on the table was withdrawn.

Mr. Blunt. I wish to so amend the resolution that Mr. Hubbard and
Mr. Hutchinson are not guilty of corruption to that degree which would
demand expulsion.

Mr. Slough. I demand a division of the question.

The President. The motion of the gentleman is not in order; the ques-
tion is simply upon the amendment of the gentleman from Anderson (Mr.
Blunt) as first read and seconded.

Mr. Slough. I demand the yeas and nays.

Mr. Blunt. The object I had in view is this: "Resolved, That it is the
sense of this House, that neither Mr. Hubbard nor Mr. Hutchinson are
guilty of any act of perjury, fraud or corruption, which would justify ex-
pulsion. If the object can be attained by inserting in the resolution the
name of Mr. Hutchinson, I am willing. Or, if the Chair will give me time,
I will write a resolution which I will offer as a substitute."

Mr. Griffith. Mr. President, 1 desire to drop a remark or two in
connection with this matter. I am not one of those who believe nothing
wrong has been done by these gentlemen. I believe that something wrong
has been done. But I am not one of those who believe the testimony is
not sufficient to warrant us in taking the responsibility to expel any gentle-
man from this Convention, nor sufficient to warrant us in adopting a reso-
lution of severe censure. 1 should be willing to have the resolution modi-
fied in the manner the gentleman from Anderson (Mr. Blunt) proposes. I
hold that these gentlemen have not been as discreet and prudent as they
should have been. But 1 do not see anything to be gained in thiS thing. I
am willing to let the matter rest where it does; and if gentlemen have in-
dulged in conversation across the hall in that which is improper, let them
settle their own difficulties, and let not this Convention be involved in it.
I was in hopes that we would meet this morning and pass upon the Consti-
tution article by article, but instead of that a subject has been introduced
here that has tended to alienate our feelings. I do not fear the influence
of gentlemen who desire to make capital; let them have it — all they can
get. I am not here to vindicate the Republican party, or the Democratic
party. I hold that we are not warranted in thus wasting our time, when
we are ready to adjourn, by creating angry discussions. If the gentleman
had his proposition here I think I should be ready to move to lay it on the
table. I do not yield the floor, because I wish to know what the nature of
his resolution is.

Mr. Blunt. Mr. President, the resolution which I desire to offer I will
read:

"Resolved, That in the opinion of this Convention, the testimony taken
in the case involving the honor and integrity of Messrs. Hutchinson and

34 — 778

530 CoxvEXTiox Proceedings axd Debates.

Hubbard, is not sufficient to warrant this Convention in expelling the
above named gentlemen."

Mr. Griffith (resuming). I do not desire, Mr. President, to make
any lengthy remarks upon this question ; and in what I shall have to say I
[*403] shall endeavor to refrain from using personaH*ties. We have
just \\itnessed an exhibition that has tended to remind us of the early his-
tory of Kansas. I think gentlemen who have urged this matter should be
contented now to let it slumber. It has assumed a character altogether
personal. There seems to be a desire on the part of certain members of
the House to persecute indi\-iduals without any evidence in the case war-
ranting them to pursue a course of action in favor of it. There is nothing
that has occurred in this Convention that I regret more than the occur-
rence this morning. From all I have been able to gather from the testi-
mony I do not believe there has been any case made out that would crimi-
nate Mr. Hubbard or Mr. Hutchinson in any way. I believe — as I have
always believed — that they were both honest, sincere and honorable gentle-
men. I believe especially that Mr. Hubbard is as truthful and honorable
a man as there is upon this floor, and I think he has been used as a kind
of tool to accomplish a certain purpose in this Convention, and being an
honest, unassuming man, he was calculated to be drawn into this difficulty
without being aware of its consequences. Too much has been said — too
much ink and paper has been wasted — and the time of this Convention has
been consumed unnecessarily in giving; importance to this matter; and I
do think this Convention cannot surely entertain an idea that their honor
or integrity is in any [way] affected by it. I am glad to see that a reform
in this matter has taken place in Kansas; and particularly gratified to
\\-itness the reform that party to which gentlemen on the other side of the
House belong, inasmuch as the party which they represent has been con-
nected with all the frauds of this Territory which have been perpetrated
upon the people. I think the repentance they now exhibit %vill be hailed
by the people of Kansas as a glorious indication of a good time 'acoming.' I
think we had just better square accounts and begin anew. The more ill
feeling we create, the more we involve ourselves in difficulties.

Mr. Slough. Mr. President, I rise for the purpose of making an amend-
ment in the shape of a preamble to the substitute offered by the gentle-
man from Anderson (Mr. Blunt), and it is this: that the testimony taken
in the cases of the investigatins; committees be affixed to the substitute by
way of preamble. I propose briefly to state my reasons. The substitute
which the gentleman proposes for the conclusion of this matter is based
upon the testimony offered; and so that the world may kno^y the data
upon which we have arrived at our conclusion — as there is nothing upon
the record to show that data — I propose that the testimony itself should
be attached by way of preamble. It may be we may come to an erroneous
conclusion. There is another ordeal besides that of this Convention that
these gentlemen's character have to pass through, and that is the ordeal
of the people. And it is the right of these gentlemen — it is due to them —
that these facts, as they have been presented, shall go forth to the people,
as well as the conclusion of this body. If this resolution is adopted — if this
position is true — it seems to me that gentlemen can have no real good,
sound or valid objection to the adoption of the preamble I propose. If,
however, the facts that have been presented don't justify such a conclusion,
it is a matter of right to the people as well as to the parties implicated,
that the testimony should be presented to them; and there is a no more

Thursday, July 28, 1859. 531

appropriate place for it than right here, by way of preamble, thus:
"\\Tiereas the following testimony has been presented to this Convention,
therefore, Resolved," in the language of the gentleman's substitute. I
ask gentlemen to adopt this preamble.

Mr. Blunt. Mr. President, I have no disposition to keep this testi-
mony from going to the world, and so I will very kindly and graciously
accept the amendment proposed by the gentleman from Leavenworth (Mr.
Slough).

Mr. Griffith. I would inquire whether this testimony is not already
upon the record of this Convention.

[*404] Mr. Slough. Mr. President, I think I can *answer the gentle-
man's question. Not only is this testimony not a matter of record, but
the reports of the committees made upon it does not appear upon the
record of yesterday. There is nothing except to show that resolutions
were offered asking for committees of investigation, and that_ those com-
mittees reported without stating what they did report. It is necessary
that this testimony should be made part of the report, so that the people
may know what its character is.

Mr. Burnett. I move to indefinitely postpone the resolution and the
whole subject.

Mr. Slough. I demand the yeas and nays.

They were ordered, and being taken, resulted — yeas 19, nays 19 — as
follows:

Ye.\s— Messrs. Burnett, Burris, J. Blood. N. C. Blood, Crocker, Button,
Graham, Griffith, Hanway, Hoffman, Ingalls, Lamb, Preston, Palmer,
Stokes, Simpson, Thacher, Townsend, Williams — 19.

Nays — Messrs. Arthur, Blunt, Barton, Foster, Forman, Greer, Hippie,
Houston, May, Moore, McDowell, McCune, McCullough, Porter, Ritchie,
Slough, Stinson, Stiarwalt, Wrigley — 19.

• Mr. Kingman, when his name was called, said: "I do not wish to appear
upon the record as being here and dodging the question, but as I was ab-
sent yesterday I could not vote intelligently, and I wish to be excused
from voting."

The President. The motion to indefinitely postpone is carried.

Mr. Stinson. Mr. President, I desire to offer the following resolution:

"Resolved, That a committee of five be appointed by the President, to

investigate the charge made by the member from Douglas against two

'members of this Convention, and that said committee be instructed to

report at 3 o'clock this afternoon."

Mr. Thacher. Mr. President, I made no charge against the gentle-
man from Leavenworth, or anywhere else. I simply adverted to the
evidence that has been placed upon the file. And now, that this matter
is a little cooled off, I will advert to the arguments which have been sug-
gested with respect to it. This whole matter rose out of a desire to crimi-
nate the gentleman from Douglas (Mr. Hutchinson) because he was
charged with offering a lot to carry a certain measure — to secure the
location of the capital at Lawrence. But it is held by gentlemen that
this is an indifferent question, and they had the right to offer the entire
vote they had in their control for the votes they needed — because the
capital question was an utterly indifferent thing. They offered to give or
sell their votes — 1 don't care whether they use the right words or not —
we come back to the direct proposition to give a certain number of votes,

532 Convention Proceedings and Debates.

provided they could carry another proposition in which there was a prin-
ciple involved. In other words, as they now explain it, they offered to sell
or gi\e upon a question in which there was no principle involved, to buy
votes for a measure in which there was a principle involved. The charge
against my colleague is, that he offered to pay a lot where there was no
principle involved; instead of a lot gentlemen say they offered votes. If
x-y, in algebraic language — if you offered what you considered an equiva-
lent, for votes to acquire this Southern Nebraska territory, what position
does it leave you in? I say if this evidence proves anything, it proves
that you offered to bribe us to sacrifice our votes upon a question of
principle for your votes, upon a question in which there was no principle,
as you say. You cannot plead "not guilty" to this proposition. It is there
by your own confession, gentlemen, you stand in this awkward predicament,
and no angry words will allow you to escape from it. You stand before
the country as trying to bribe us by a gift of the capital for a certain
number of votes, to get the boundary question settled as you want it.
It stands out, clear and unmistakable. You complain of my colleague, be-
cause he offered a lot to buy a vote upon a question, whilst you offered
to sell a number of votes to carry your measure. In other words: if my
colleague had offered you a vote, there would be no crimination; but, in-
[*405] *stead of a vote, he offered a lot, and therefore he stands crimi-
nated. You say if man does not go home with an equivalent — with some-
thing in his pocket — for which he has sold the vote his constituents reposed
in him, he is not criminated; but if he has offered in market a vote —
offered to barter the trust that his constituents reposed in him — he has
not sacrificed anything! On the other hand, if your position proves any-
thing, it proves my colleague offering a bribe in a case where there was no
principle involved, and you attempt to make a crime out of it. I trust
gentlemen will not get angry at me about it. I did not place you there;
the facts, as they have gone upon the record, place you there. When
gentlemen talk about assassins, stabs, &c., &c., it strikes me they make a
great mistake. I refer simply to the evidence, and that shows that a
large number proposed to go en masse for Lawrence, if — gentlemen will
remember that "if" is a very valuable word in Shakespeare — if the Douglas
delegation would vote for the Platte river boundary. It was an attempt
to bribe that delegation, because we held the location of that capital
very dear. We wanted to see it located at Lawrence, but we were willing
to allow the people to pass upon it.. I perceive that some of my friends
cherish bitterness upon that score. I do not. I say that to every candid,
generous, reflecting mind — to every legal mind — the evidence carries but
this proposition. No talk about bribes or stabs can wipe away the record
which you yourselves have made. You ought not to blame me. You tr>'
to make a distinction between tweedle-dum and tweedle-dee.

"Sharp optics, indeed, it takes, I ween,
To see things that cannot be seen."

When my colleague offered a lot to carry through a question in which
there was no principle, gentlemen say he did so at the sacrifice and loss of
honor; but when they offer votes to carry a measure, it is a different
thing. I have no hard feelings, and I wish none. Things had been pushed
far enough. My own sense of justice had been violated long enough with
reference to an attempt to fasten down upon one "of my colleagues the
charge of corruption. You were trying to pull the mote out of your
brother's eye, but did not see the beam in your own. I thought it was best
to say so. I believe so. The evidence is there (pointing to the Reporter's

Thursday, July 28, 1859. 533

desk), and it will go [to] the people of Kansas; and that evidence will be
this: the Democratic party offered to sell their entire vote, to carry votes
for the boundary line, and they were repulsed. This is the testimony,
gentlemen, in a nut-shell. I wish to say, in conclusion, that I see there is
some hard feelings manifested here, but that I have none with regard to
anything or any gentlemen present. The evidence is already before us, and
I don't think there is any evidence sufficient to justify any severe censure.
I am willing the record should be held up to the hght, and let the people
pronounce upon it.

j\'r. Stiarw.\lt. Mr. President, gentlemen have forgotten that the last
proposition — the one offered by Col. Slough — was not whether he (Mr.
Hutchinson) offered to buy a vote or not, it was this: he had sworn he did
not, and the other swore he did. There was the question: the last instance
was a case of perjury (alleged) not whether these gentlemen have ex-
changed their votes upon any question. It is not whether or not he offered
a lot in Lawrence for a vote; it is because he swore he did not, and the
other gentleman swears he did. He then afterwards comes up and says he
did. The question rests right there.

Mr. Griffith. Air. President, if the two gentlemen from Leavenworth,
aft^r hearing the explanation of the gentleman from Douglas (Mr.
Thacher) will not accept of it, I am bound to vote for the resolution. I
think they demand nothing but what is their ri?ht, but it does not seem to
me that when the explanation is made by the gentleman from Douglas,
they should insist upon it. I would ask them if they do.

Mr. Stinson. We do.

Mr. BuRRis. Mr. President, I feel disposed to let the gentlemen have
[*406] an investigating ^committee to look into any matter or any
charges that may have been preferred against them, but as I understand
it, there is no charge preferred against any one. I have not heard any
charge, and the gentleman from Douglas stated he had made none. I am
sure there is no charge aiainst any gentleman. If there was, I should feel
disposed to allow an investigating committee, but to my mind there is no
charge, and I therefore move [to] lay the resolution on the table.

Mr. Stinson. Will the gentleman withdraw for a moment?

Mr. BuRRis. Certainly.

Mr. Stinson. The position I occupy is simply this: that although no
charge may have been made — I do not know what you call it — it has been
stated that we were equally guilty with a man who had attempted to bribe
another with the offer of a lot as a direct compensation to secure votes.
I do not know what it means, but to my common understanding, it means
we are guilty of bribery; and all I ask is, that the Convention will inves-
tigate that matter; and I shall insist upon a committee for that purpose.

Mr. Blunt. Mr. President, I am at a loss to know what this committee
has got to do if raised. There has been no charge preferred against any
member upon this fioor, that I know of for this committee to investigate. I
understand that the gentleman from Douglas (Mr. Thacher) merely draws
his conclusions from the testimony presented. He has made no charge, and
inasmuch as the testimony which the gentleman from Douglas bases his
remarks upon to be spread before the world, it is for the people, in com-
mittee of the whole, to determine who offered a bribe, and who did not.

A motion was made to lay the resolution on the table.

Mr. Stinson demanded the yeas and nays, and they were ordered, and
being taken, resulted— yeas 26, nays IS — as follows:

534 Convention Proceedings and Debates.

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Button, Graham, Hutchinson, Hanway, Ingalls, Kingman, Lillie,
Lamb, Middleton, May, McCullough, Preston, Porter, Signor, Stokes, Simp-
son, Thacher, Townsend, Wilhams — 26.

' Nays — Messrs. Barton, Foster, Forman, Greer, Griffith, Hippie, Hous-
ton, Moore, McDowell, McCune, McClelland, Palmer, Parks, Ritchie,
Slough, Stinson, Stiarwalt, Wrigley — 18.

So the resolution was laid on the table. ^

printing and distributing of the constitution.

Mr. Hutchinson. Mr. President, I offer the following resolutions:

"Resolved, That twenty thousand copies of the new Constitution to be
submitted to the people on the first Tuesday of October next, together with
the resolutions, be printed for gratuitous distribution among the qualified
electors of Kansas, and that the chairman of the committee on printing be
authorized to issue scrip for printing the same.

Resolved, That the chairman of the committee on printing be instructed
to send four hundred copies of the above Constitution to each member of
this Convention, whose duty it shall be to distribute them among the
people."

Mr. Hutchinson. Mr. President, it has been suggested to me that
there should be an amendment to the resolution, providing for a certain
number of copies in the German language. I propose to include five
thousand copies in German. I propose to add the following:

"Resolved, That five thousand copies of the Constitution be printed in
German, for distribution among the qualified voters."

Mr. Griffith. It occurs to me that that would be more than necessarj'.
Are there so many German voters in the Territory?

Mr. Hutchinson. I believe there are.

Mr. Griffith. Then I have no objection.

The resolution, as modified, was then adopted.
[*407] *western boundary.

Mr. Greer submitted the following:

"Resolved, That the committee on phraseology and arrangement be in-
structed to recommend that the words 'twenty-third' in the eighth line
from the bottom of the preamble to the bill of rights, be stricken out, and
the words 'twenty-fifth' be inserted in their place." (Having reference to
the meridian of the western boundary of the State),

Mr. Wrigley. I desire to offer an amendment.

The President. The Chair is of the opinion that the resolution of the
gentleman is out of order. A motion to reconsider that has been made and
laid on the table, which cuts off further action, unless by general consent.

Mr. BuRRis. I object.

allowance to the secretary.
Mr. Ingalls submitted the following, which was adopted:
"Resolved, That the Secretary of the Convention be allowed thirty days
after adjournment, with the usual pay, for the purpose of completing the
journals, preparing copies of the Constitution, and closing up the business
of the session."

'Note. — Mr. Hutchinson made an explanation of the matter in a letter to Mr. F. G.
Adams in 1898. See 7 Kan. Hist. Col., 409.

Thursday, July 28, 1859. 535

verification.

The President. The Chair learns that the Constitution, as it has been
arranged under the supervision of the committee on phraseology and ar-
rangement, has been printed and will be at once delivered by the mes-
sengers; and he suggests that it would be better economy of time, perhaps,
to defer this miscellaneous business, and proceed at once to the verification
of the Constitution.

Mr. Kingman submitted the following:

"Resolved, That this Convention will now proceed to consider the several
articles of the Constitution, for the purpose of verifying the same, and
thereupon it is ordered that during said reading no amendments shall be
in order."

Mr. Stinson. Mr. President, is it contemplated by that to cut off all
amendments ?

The President. It is in the power of the Convention to control its own
proceedings. If the resolution is adopted, no amendment can be made
during the reading.

Mr. Stinson. It seems to me, if amendments are to be made, now is the
time. But, as I understand it, the resolution utterly precludes amendment,
and all we have to do is to stay here in our places while the reading goes
on, and see whether the type is correct.

The resolution was adopted.

Mr. Ingalls. Mr. President, on behalf of the committee on phraseology
and arrangement, I now return and submit the several articles of the Con-
stitution, which have been referred to that committee for arrangement and
enrollment.

(He submitted a printed copy of the Constitution.)

The President. During the reading, members are requested to dis-
pense with conversation in the hall, and the Sergeant-at-Arms will see that
the same order is observed in the lobbies.

The ordinance chapter having been read —

Mr. Ingalls. Mr. President, this copy still has many errors.

Mr. Slough. I would suggest the propriety of referring it to a select
committee, to consist of the chairman of the committee on phraseology
and printing and the President of the Convention.

Mr. Kingman. I second the motion, and propose to add Col. Slough to
the committee.

The motion was agreed to; and so the Constitution was referred again
for correction of the enrollment, to Messrs. Ingalls, Ross, Winchell and
Slough.

Two further reports from the conamittee on accounts (the accounts of
the printer and Mr. Meyer) were disposed of, and then —

The Convention took a recess till 3 o'clock, p. m.

[*408] ^AFTERNOON SESSION.

preamble and bill of rights.

Mr. Ingalls, from the select committee appointed yesterday to collate
and correct the printed by the engrossed copy, reported a revised copy of
the Preamble and Bill of Rights of the Constitution, and on his motion
the proceedings in verification were resumed.

536 Convention Proceedings and Debates.

The Preamble and Bill of Rights having been read through by the
Secretary —

Mr. J. Blood. Mr. President, will a motion to amend be now in order?

The PREsroENT. The Chair will entertain the preliminary motion.

Mr. J. Blood. I move to amend, in the 5th section, by striking out the
words "persons of every condition," and inserting these words: "all cases
in law."

The President. Has not that been moved and rejected? If the Chair
is not mistaken, that motion was made by Mr. McDowell.

Mr. Stinson. That was a motion to strike out, merely. I propose to
amend the amendment by adding "and State courts."

Mr. J. Blood. I do not think that is necessary. I do not propose to
debate the question. I presume every member of the Convention sees as
well as I do the propriety of the amendment.

Mr. Wrigley. Mr. President, I desire to say, that in my judgment, to
strike out and insert these words would in no respect alter the sense of
the section. The matter has already been before the Convention, and its
practical workings are pretty well understood. Perhaps it was intended
by the majority — indeed it has not been denied — that this was intended to
extend the right of trial by jury to fugitive slaves in this State, in defiance
of the laws and Constitution of the United States. It occurs to me that
to make the substitution here, as the gentleman proposes, would in no
respect change the sense of the section, for the question would arise in
the trial of a case where the owner was attempting to capture a fugitive,
whether it is a case at law. In my judgment it would be a case at law
clearly. So the right of trial by jury would extend to the fugitive; and
this leaves the section liable to all the objections to it as it now stands.
I would move that the words be stricken out without any substitution, so
that the section would read sunply— "The right of trial by jury shall be
inviolate."

The President. Gentlemen are too fast. The Chair will entertain the
preliminary motion, wliich is to reconsider the section.

Mr. J. Blood. I move to reconsider the vote adopting the 5th section.

The section was reconsidered. It is as follows:

"Sec. 5. The right of trial by jury shall be inviolate, and extend to per-
sons of every condition; but a jury trial may be waived by the parties in
all cases, in the manner prescribed by law."

Mr. J. Blood. I now move to amend in the manner proposed.

The President. The motion is not in order. Precisely the same mo-
tion has been made by the gentleman from Leavenworth (Mr. McDowell)
and voted down.

Mr. J. Blood. Then I move to strike out the balance of the section
after the word "inviolate."

Mr. Stinson. I second the motion.

The motion prevailed, and the words were accordingly stricken out.

On motion by Mr. Burris, the section, as amended, was passed.

the western boundary.

Mr. May. Mr. President, I move to reconsider the Preamble.

The President. The Chair is of the opinion that it cannot be done
without unanimous consent. It will be so taken, without objection.

Thursday, July 28, 1859. 537

Mr. May. I wish to move to reconsider to enable me to move to
strike out the words "twenty-third." If gentlemen will look at it, they
[*409] will see that with this boundary we *would have a very small
gtate— with not over thirty-three thousand square miles, if it only goes
to the twenty-third desree. If it goes to the twenty-sixth degree, we will
have only about seventy-three thousand square miles — about the same
area of the State of Iowa— and I think, for the new State, that would be
small enough. And then, with the 23d degree, the amount of land that we
are asking Congress to devote to us could hardly be found in the State,
after the Indian reserves and lands entered are taken out. I am satisfied
that if the line runs as now proposed, a great many will oppose the Con-
stitution. I am confident that a majority of my constituents would oppose
it on that ground, if on no other. I have just returned here from amongst
them, and have conversed freely with the people on the question, and
many have told me they would oppose the Constitution with the twenty-
third degree for the western boundary. I therefore ask general consent
to reconsider.

Mr. Stinson. How many miles back would the twenty-sixth degree
carry us?

Mr. May. A little over three hundred miles. The twenty-third degree
is only one hundred and ninety-six miles.

Mr. BuRRis. Would not the gentleman be willing to say the twenty-
fifth degree? I think he is mistaken as to the distance.

Mr. May. The gentleman can make the calculation. A degree of
longitude is fifty-six miles. The twenty-sixi;h degree just brings us to
the New Mexico line, and leaves out about two hundred miles in the
Pike's Peak range.

Mr. J. Blood and Mr. Hutchinsox. I wish the gentleman would in-
sert the twenty-fifth.

Mr. May. Well, I will say the twenty-fifth. (Agreed, agreed.)
The Preamble was now reconsidered. It is as follows:
"We, the people of Kansas, grateful to Almighty God for our cival and
religious privileges, in order to insure the full enjojonent of our rights as
American citizens, do ordain and establish this Constitution of the State
of Kansas, with the following boundaries, to-wit: Beginning at a point
on the western boundary of the State of Missouri, where the thirty-seventh
parallel of north latitude crosses the same, thence running west on said
parallel to the twenty-third meridian of longitude west from Washington,
thence north on said meridian to the fortieth parallel of north latitude,
thence east of the said parallel to the western boundary of the State of
Missouri, thence south with the western boundary of said State to the
place of beginning."

Mr. May. I now propose to strike out the words "twenty-third," and
insert in lieu thereof the words "twenty-fifth."
The amendment was adopted.

Mr. Wrigley. Mr. President, I propose the following:
"That the boundaries reported in the preamble be so altered that the
western boundary shall precisely coincide with the boundary fixed by law
in the Act of Congress approved March, 1854, organizing the Territories
of Kansas and Nebraska."

The President. The proposition is out of order. The reconsideration
was for a specific purpose.

The Preamble, as amended, was now again passed.

538 Convention Proceedings and Debates.

PERSONAL explanation.

Mr. McDowell. Mr. President, I rise to a personal explanation.
Recognizing personally the duty devolved upon me as a member of this
Convention, to observe its rules, and all other wholesome rules of decorum^
I wish to conform to my notions of propriety by making now this state-
ment. This morning, in a momentary feeling of excitement — justified, as
I then thought, and still think, by a desire to notice a charge made against
my character — I violated one of our rules in defying the order of an officer
of this Convention. For that violation of the rules, I deem it my duty
[*410] *to apologize to the Convention. While I do that, however, I
must be understood as not retracting a syllable of the remark I made to
Mr. Thacher.

The President. The gentleman should avoid using names in debate.

Mr. McDowell. The gentleman from Douglas.

On motion by Mr. Griffith, the Ordinance, Preamble and Bill of
Rights were now finally passed and ordered to enrollment.

The President: The select committee will be able to report upon the
collation of the first Article in the course of an hour.

On motion by Mr. Simpson, the Convention took a recess of one hour.

The President resumed the Chair at the expiration of the recess.

amendment of the rules — two-thirds' rule.

Mr. Graham offered the following:

"No portion of the Constitution, as adopted, shall be reconsidered nor
any rule suspended, except by the vote of two-thirds of the members
elected to this Convention."

Mr. Stinson. Mr. President, I hope that will not pass. I see no neces-
sity for it; and certainly this is no time to take advantage in that way of
those desirous of amendment.

Mr. Graham. I introduced this for the purpose of removing a doubt
on the minds of some, as to whether it does not properly require two-
thirds to suspend a rule. I think it does.

Mr. Wrigley. Mr. President, I do not wish to say anything but to ex-
press the hope that the Convention will not adopt this rule. I think I sec
a disposition on all sides to so arrange this Constitution, as in their judg-
ment will make it satisfactory to the people and secure our admission into
the Union. I, for one, feel an earnest desire that this Convention should
adopt an acceptable Constitution, and I believe that but a few changes
are necessary to make it so. Let us then confer together in a friendly
manner and make these changes, and not seek to cut them off by the
adoption of a two-thirds rule.

Mr. Griffith. Mr. President, I concur heartily in the last remark of
the gentleman from Doniphan. If his amendments have merit, they will
undoubtedly commend themselves even to three-fourths of the body. I
am in favor of this amendment of the rules. It will save time. Perhaps
every member will have something new to introduce. It will discourage
the introduction of doubtful matter. Amendments really necessary cannot
fail to commend themselves to two-thirds of the body.

Mr. Wrigley. For instance, there may be a good many changes sug-
gested by members, not of a partisan character. I will name one — the re-
instating of the right of waiver of the trial by jury. It strikes me, that

Thursday, July 28, 1859. 539

the want of such a provision will be felt in many cases of assault and
battery before a justice of the peace. But such a change might not com-
mend itself to two-thirds.

Mr. Griffith. I see no good reason yet for opposing the rule.

Mr. President Winchell (Mr. Townsend in the chair). Mr. Presi-
dent, I am surprised that gentlemen should go against the adoption of this
rule. It is a rule common to all parliamentary bodies. It should have
prevailed here from the first; and it has been the opinion of some that it
did prevail. No such rule, however, stands on the record. If ever a rule
of this kind is necessary, it is in the last moments of a session, when every
topic has been discussed and decided upon, and the minds of members
have become relaxed, and they have ceased to guard vigilantly against
those influences of which interested individuals would be most likely to
take advantage. These are times when new propositions of a striking
character are brought up, and when we would be most liable to permit
changes to be made which may be afterwards regretted. Inasmuch as the
rule proposes nothing but what is usual, it seems to me that every member
[*411] *ought to be in favor of it — it will tend so much to expedite
business.

Mr. McDowell. Mr. President, that reasoning may be good. The rule
may be appUcable to all deliberative bodies. But I think there is no
occasion now for its adoption here. I wish to state, that I came here with
a desire and design to help to make a Constitution that would be acceptable
to the whole people of Kansas — a Constitution about which there should
be no controversy as to its acceptance when submitted to people. But
there are now provisions in it that I think ought to be slightly amended,
and I think there is a feeling favorable to these amendments — so that gives
me hopes that we shall yet have a Constitution that will be satisfactory to
the people — that will receive their sanction — and in relation to which there
will be no factious opposition. I do not think any more discussion is
contemplated. I do not think any new proposition will be sprung. I think
all the desire for amendments is confined to changes in some of the sections
in such particulars as have been already before us. It will be recollected
that some of the sections have been hurried through. We desire to ask the
Convention to make some slight alterations. They have already made
some changes that have been highly satisfactory to this side of the House,
and, as I trust they will be, to the whole people. And if these changes to
which I refer cannot be made by a majority, they probably cannot be made
at all. I do hope, that in the spirit of kindness and conciliation this amend-
ment to the rules will be voted down; and that any member may submit
his amendments as heretofore, and if a majority see fit, they may be
carried.

Mr. President Winchell. I do not desire to make a speech, sir. But
it is very evident from the remarks of the gentleman from Leavenworth,
that he does not wish us to see that he understands this opposition. He
says the object is to amend only slightly. But in truth, there is in con-
templation over there amendments of very serious importance, and which
will be carried if gentlemen are not guarded. He alludes to amendments al-
ready made and the general satisfaction with which they are received.
Sir, i apprehend that this also is a mistake. I do not myself recognize the
beneficent character of some of the amendments that have been made
since the reconsideration by the majority began to be permitted. And
there is danger in this. I give my Republican friends great credit for hav-
ing so well enforced and sustained the principles in this body. They have

540 Convention Proceedings and Debates.

achieved some advantages for freedom, which I ^propose neither to
give away, nor to permit those who have fought us so strenuously through-
out the session, to come in now and secure equal advantages with ourselves.

Mr. Houston. Mr. President, the last argument of the gentleman from
Osage, 1 rejiard as nonsensical. It must be admitted that there are meas-
ures in this instrument not as sound as they ought to be, and he is afraid to
risk them under the ordeal of a majority. I do not so much lack confi-
dence in the Republican party. If there is anything which the party has
adopted that is wrong and ought to be changed — I do not see that there is
any such thing — but if there is, the change should be made. I regard it as
a reflection upon the RepubUcan party to admit with the gentleman that we
are afraid of the influence and the ingenuity which others may wield over us.
He says the two-thirds rule is a parliamentary law; but in the former
part of the session I recollect that he declared that the authority vested in
this body was above all law and legislation.

Mr. Winchell (interrupting). I suppose we are not above our own
rules. That is all that is meant by parliamentary law.

Mr. Houston. I confess that I do not very well understand parlia-
mentary arrangements. But I am not afraid of the influences to which the
gentleman referred. I think every man here is wide awake. I am not
afraid that any proposition will be smuggled in here unawares. Then do
[*412] not let us tie up our hands by this rule. Let *us not be afraid of
the minority. I cannot concede so much to the other side. I respect them
for their talent and ingenuity, but I am not afraid of their votes or their
arguments. I am willing to hear them, or go with them, as far as they may
go right.

Mr. Graham. Mr. President, in introducing this matter here, I did it
honestly and fairly, and I regard it as justified by my experience in the
workings of deliberative bodies. This body has now carefully gone through
this instrument, and we are satisfied that we have arrived at just con-
clusions— that no principle which we have established ought to be touched
or altered. We have seen from the opening of the Convention, that we have
on the other side of the House a wily enemy — whence many propositions
have come for engrafting matter, not only for the purpose of defeating the
Constitution itself, but intended for the destruction of the Republican
party in Kansas. I was also induced to offer this, because I have seen our
Democratic friends going round amongst us in great kindness, and making
professions, the sincerity of which I am bound to respect. I want to stay
here only till we get through. I want only what is right. I want no ad-
vantage that does not belong to the right. I do not want to be upraided by
my constituents, that this Constitution has anything in it which we did not
put there. I want the thing gone through with fairly. I do not want light
from that side. I say, watch them. Do not trust them.

Mr. Stiarwalt. Mr. President, it has been but a short time since a
member of this House (Mr. May) told us, that he had just come from
amongst his constituents, and they had told him, that for one provision
which they disapproved they would vote down this Constitution ; and there-
upon an amendment was made on his motion by less than ^ majority of two-
thirds, which, if he is honest, as I believe he is, has saved the Constitution.
Therefore I think this two-thirds rule comes with a bad grace from the
party of the gentleman whose proposition could not have been passed
under it. But I tell that gentleman that unless other changes are made, his

'Note. — The original reads "do not propose," etc. Evidently a mistake which is
cured by omittinj; "do not."

Thursday, July 28, 1859. 541

constituents will still vote down this Constitution. I was sorry to hear the
gentleman from Atchison (Mr. Graham) say that the Democratic members
had been going round electioneering amongst the Republican members, be-
cause I remembered the fact, that caucussing has been the watchword
with the majority in this Convention all the time. Sir, there has been
engrafted upon this Constitution some very objectionable matter, which
it would be well to get out. I came here to make a Constitution such as I
believe the people want, and what I believe they do not want I will oppose
with all my might. I want a Constitution that will be a credit to our-
selves, acceptable to the people and acceptable to Congress. But, as it
now stands, neither the people nor Congress will look at it.

Mr. Thacher. It is now over a week since we concluded our arduous
labors and referred them to the committee on Phraseology and Arrange-
ment. A special committee was appointed to report what should be the
action of the Convention upon matter referred from the committee on
Phraseology, and that committee reported that amendments at that stage
could only be made by reconsideration. One member of that committee,
of great candor and merit, advised that we had better make no report till
the debates were through. But now eight days have elapsed, and here we
are debating whether we shall say stop, or, keep on. The parliamentary
two-thirds rule is a settled principle, and it is a wonder how it came to
be lost sight of here. This amendment of our rules is only recurring to
the well-established, time-honored two-thirds rule. And unless we adopt
it we shall not get through before Saturday. It is the only wise and just
rule that can be adopted to expedite our business.

[*413] The proposition was adopted on a di^^sion* — affirmative 21,
negative 17 — and accordingly it stands as one of the rules of the Con-
vention.

THE PRINTED COPY.

Mr. Ingalls. Mr. President, in behalf of the select committee on that
subject, from an examination of the printed copy of the Constitution sub-
mitted this morning it was found to need revision. Since that, it has been
carefully collated, marked and sent to the printer, and the corrected copy
will probably be ready late this evening or early to-morrow morning.

EXECUTIVE.

On motion by Mr. Thacher, the Convention resumed the work of
verification, and the first Article — Executive — was read by the Secretary.

The Article being approved, was then ordered to be referred again for
enrollment for signature.

LEGISLATIVE.

On motion by Mr. Thacher, the Convention proceeded to verify the
engrossed copy of the second Article — Legislative — and it was read by the
Secretary.

Mr. Ross. Mr. President, I move to reconsider the second section to
enable me to propose the followina; additional:

"That the first Legislature shall consist of twenty-five Senators and
fifty-two Representatives, and every organized county shall be entitled to
at ieast one Representative."

The Convention refused to reconsider.

Mr. Kingman. I am not sure that I understand these first and second
sections of the first Article, and the twenty-fifth section of the second —
the Legislative — Article. It is prescribed that the Governor's term should

542 Convention Proceedings and Debates.

commence on the first Monday in January succeeding his election. In the
second section of the first Article, it is provided that "an abstract of
the returns of every election, for the officers named in the foregoing sec-
tion, shall be sealed up and transmitted by the clerks of the boards of
canvassers of the several counties, to the Secretary of State, who. shall,
during the first week of the session, open and publish them in the pres-
ence of both Houses of the Legislature in joint convention assembled."
And then, in the twenty-fifth section of this second Article, it is provided
that "all sessions of the Legislature shall be held at the State Capital,
and all regular sessions shall commence annually on the 2d Tuesday of
January." So that you cannot ascertain the vote for Governor until after
his term is to commence, until after the Legislature shall be in session:
for the Secretary of State has to open the returns in their presence.

The President, It would be practicable to make the Governor's term
commence later.

Mr. Thacher. We might make the Governor's term to commence on
the Wednesday following the second Tuesday.

Mr. BuRRis. Would it not be necessary to change the date of the
commencement of the terms of all the State officers? and that being the
case, would it not be best to change the time of meeting of the Legisla-
ture? I merely make the suggestion.

Mr. Blunt. Mr. President, I desire to enquire of some gentleman in
regard to the effect of this thirteenth section. It reads, "A majority of
all the members elected to each House voting in the affirmative, shall be
necessary to pass any bill or joint resolution."

It appears to me, that, in certain contingencies which might arise, we
are defeating legislation here entirely. I would enquire whether, if in
case of absence of members on account of death or sickness, less than a
majority of all the members were to pass a bill or joint resolution, it could
be regarded as a law?

Mr. Kingman. No.

Mr. Blunt. It seems to me, then, that we are preventing legislation.

Mr. President Winchell. Mr. President, that question has been dis-
cussed fully, and the conclusion arrived at was, that no less than a majority
of all the members elected should pass a bill.

[*414] *With regard to the point suggested by the gentleman from
Brown (Mr. Kingman) there seems to be a real difficulty. There is a
manifest impropriety in requiring of the Governor to take office im-
mediately upon the commencement of a Legislature, and to make his mes-
sage at the same time. It seems to me that a later day for the Governor's
assumption of office would be better — say March or April — then by the
meeting of the next Legislature he would have ample time to prepare him-
self. I will, at the proper time, move a reconsideration for the purpose of
fixing the commencement of the term of the State officers on the 4th day
of March.

Mr. Houston. Would there not be an interregnum in the case of the
first Governor?

Mr. Thacher. I would ask common consent to put it on the first
Wednesday after the second Tuesday in January.

Mr. Kingman. The votes for Governor, &c., are to be canvassed by
the Secretary of State, during the first week of the session, in the presence
of both Houses. If the Legislature does not meet till the second Tuesday,

Thursday, July 28, 1859. 543

and the Governor takes office on the second Monday, the Secretary can-
not officially know and announce his election in time.

Mr. President Winchell. And it often happens that the House is
delayed about organization. It seems to me that we should make this
matter sure.

Mr. Kingman. We should look before we step, as to the first Governor.

Mr. Winchell. We might provide that the first Governor should
assume office as soon as the State is admitted, when he should immediately
call the Legislature together. For the regular and permanent term of the
Governor, it is very easy to provide that the term of all the State officers
shall commence on the fourth, or as I would prefer, the first Monday in
March. Thus the Governor could be prepared with his message, and the
State officers with their reports for the meeting of the succeeding Legis-
lature.

Mr. Griffith. Would there not be some difficulty in regard to the
reports of the State officers to the past Legislature?

Mr. Kingman. The plan suggested by Mr. Winchell takes place at
Washington.

Mr. Winchell. I make the motion, to change the commencement of
the term of State officers from the second Monday in January to the first
Monday in March.

Mr. Hutchinson. Mr. President, I see an objection to the proposition.
This is a government of parties, to a certain extent. We know that one
year one party will predominate, and the following year another party
may succeed. It has been so under my observation in the State of Iowa.
And it is very natural, and even essential, that a Legislature elected in a
certain gubernatorial canvass should have the privilege of exercising their
functions under that Governor's jurisdiction. It would be unpleasant, for a
Republican Legislature, for their session, to clash with the views of a
Democratic Governor. Then with reference to the change to the first
Monday in March — it might be that a new Governor with opposite views
would come in while the Legislature would be in session — recommending

. other measures of State policy.

Mr. Winchell. I do not regard that as a valid objection. In fact,
it would seem to me rather an argument in its favor. It might be a good
provision against the consequences of fluctuation in the popular judgment.
I think, sir, that some such plan as I have suggested might be adopted:

.or throw out entirely the provision which requires of the State canvassers
to canvass the returns in the Legislature. I am not particular. If you
will provide that the board of canvassers shall meet in the month of De-
cember, and announce the result, I shall be satisfied.

Mr. Thacher. I have a plan, and that is, to refer this to the commit-
tee on phraseology, and allow them to arrange the matter for us.

[*415] Mr. Winchell. I think we had better do it *here, and let the
clerks be at work. I ask the unanimous consent of the Convention to in-
sert the following after the words "Secretary of State" in the second sec-
tion of the first article:

"Who, with the Lieutenant Governor and Attorney-General, shall con-
stitute a board of State canvassers, whose duty it shall be to meet at the
Capital on the second Tuesday of December succeeding each election for

544 Convention Proceedings and Debates.

State officers, and canvass the votes for said offices and proclaim the
result."

The amendment was taken and adopted, by unanimous consent.

Mr. McDowell. I move to reconsider the second section of the Article
pending, to enable me to move a reduction of the members of the Legisla-
ture, so as to make fifty-one Representatives and twenty-three Senators.

The Convention refused to reconsider.

Mr. Houston. The twenty-third section reads as follows: "The Legis-
lature, in providing for the formation and regulation of common schools,
shall make no distinction between the rights of males and females." I
would suggest the propriety of striking out the word "common."

There was no second.

The second Article was then ordered to enrollment for signature.

JUDICIAL.

On motion by Mr. Thacher, the hour of adjournment (6 p. m.) was
disresarded, and the Convention proceeded to verify the engrossment of
the third (the Judicial) Article.

The whole having been read through —

Mr. Ingalls. I offer the following as a substitute for section 2. It has
been considered and is recommended by the committee on Phraseology
and Arrangement. I ask its adoption by unanimous consent:

"Sec. 2. The Supreme Court shall consist of one chief justice and two
associates, whose term of office, after the first, shall be sLx years each, who
shall be elected by the electors of the State at large, and a majority of
whom shall constitute a quonim. At the first election, a chief justice shall
be chosen for six years, one associate for four years and one for two years."

The engrossed section proposed to be stricken out is as follows:

"Sec. 2. The Supreme Court shall consist of one chief justice, and two
associate justices, who shall be elected by the electors of the State at large,
and a majority of whom shall constitute a quorum, and at the first election
under this Constitution, and every six years thereafter, there shall be
chosen a chief justice for the term of six years, one associate justice for the
term of four years, and every two years thereafter, except when a chief
justice is to be elected, an associate justice shall be elected for six years."

The substitute was taken up and adopted by unanimous consent of the
Convention.

The Article was then again adopted and passed, and ordered to final
enrollment for signature.

Mr. Blunt. I move that we proceed to read the 4th and 5th articles.
But—

Mr. BuRRis moved adjournment; and accordingly —

The Convention adjourned till to-morrow morning at nine o'clock.

Friday, July 29, 1859. 545

Friday, July 29, 1859.
The Convention met at 9 o'clock, a. m.
Prayer by the Chaplain.
The journal of yesterday was read.

EXPENSES OF THE CONVENTION.

Mr. Hanway. Mv. President, on behalf of the committee I present
the following accounts:

"The account of Geo. F. Warren, Sergeant-at-Arms, for postage stamps.
The committee recommend that double the amount be paid in scrip.

The account for the buildins; of the railing which forms the bar. for
telegraph operator's desk, &c. The committee submit this account without
any recommendation.

The account of A. E. Drapier, official reporter of the Convention, for
[*416] S648.43 on account *of reporting; also one of S303.12 on same
account. Total, S951.55. This amendment of Mr. Drapier, the reporter,
is allowed by the Committee on Accounts."

Mr. Slough. Mr. President, I move the reports of the committee be
adopted as to all the accounts accompanied by a recommendation.

The motion was agreed to.

Mr. Burets. Mr. President, I move that the account which is u-ithout
a recommendation be referred back to the committee. I think the com-
mittee is better prepared to recommend than the Convention to take action.

The motion was agreed to.

THE WYANDOTTE DAILY GAZETTE.

Mr. Hutchinson. IMr. President, it may not be strictly in order to
introduce the matter that I have in mind in connection with the report
just adopted, but I have a statement to make in behalf of the printer,
relative to the Gazette that has been received here.

The President. Unless objection is made, the gentleman from Douglas
(Mr. Hutchinson) will be permitted to make a statement of facts.

Mr. Griffith. I should like to know in regard to what subject.

The President. The subject of the printer. The gentleman will pro-
ceed.

Mr. Hutchinson. Mr. President, I have learned there is some mis-
understanding between members of this Convention, or the Committee
on Printing, and the Printer. It will be recollected that on the first day
of the session a special committee was appointed for the purpose of pro-
posing some manner of preserving our records. I was chairman of the
committee and in that capacity saw the editor, and the substance of the
interview I reported the next morning to the Convention to this effect:
he would do the work at a certain price per 1,000 ems, and that he would
like to supply the members with his daily for one dollar for the session,
whether two weeks or four weeks, for each copy. I also stated he expected
to receive scrip for the larger part of his work, and he would expect cash
for these numbers of his paper, for the purpose of paying off his daily
help, as he was obUied to pay them part money as they would not wait
for scrip. No further action was taken except to order two additional
copies to each member. About that time the Committee on Printing was
raised, and as their duties supersedins ours, we had nothing more to do
with it. The chairman of the Committee on Printing not understanding
all that had been said and done, continued to receive those papers; and

35 — 778

\546 Convention Proceedings and Debates.

the next day or two the number was raised from two to six to each mem-
ber, by a vote of this body. From that time we have received six copies
each. I understand now he states the fact that he is expecting cash for
the numbers of papers so distributed. Members don't seem to under-
stand it; and here I leave the facts, as far as I understand them.

Mr. Kingman. Mr. President, I move that we proceed to consider the
Constitution where we left off yesterday.

Mr. Ingalls. Mr. President, I am informed by the chairman of the
Committee on Printing that the printed copy of the Constitution, as
revised by the committee yesterday afternoon, will be in the hands of the
Convention in a few moments. I think it best to wait for it.

THE western boundary.

Mr. Ritchie. Mr. President, I believe that it is a ruling of the Chair
that any member may speak by common consent (and I certanily do
not wish to speak without it is with the consent of the whole body); but
I desire to say, with regard to the change of the boundary line running
west to the hne proposed by the gentleman from Atchison (Mr. May)
yesterday, to the 2oth meridian, since that vote was taken I understand
that it has been ascertained that there are valuable mines of iron ore of a
rich quality, and some salt springs a httle further out; and I think it is
necessary now that we should spend a few moments, as we have some
leisure, in considering the propriety of throwing our territory a httle
further west. Now I . understand all this difficulty of miners will be
[*417] entirely out of *the way, that they will have a nice little terri-
tory to themselves. And having hstened to the gentleman from Riley
(Mr. Houston) so frequently upon the enlargement of our boundaries, I
feel inclined this morning to go still another degree; and I believe it is
the feeling of this Convention. And to test this matter I propose the
change, if 1 can meet with a second.

The President. The Chair would state that that proposition is already
enrolled, and a change would make the necessity for a re-enrollment or an
erasure.

Mr. Hutchinson. I object.

The President. Objection is made to the proposed change.

Mr. Preston. Mr. President, it only changes one word. They might
make it a "six" instead of a "five."

The President. Objection is made.

Mr. Ritchie. I would enquire if the two-thirds rule would not apply
in such a case?

The President. It would not apply, from the fact that the boundaries
were established upon a vote on which vote a reconsideration was moved
and that motion laid on the table.

Mr. Ritchie. I am afraid that I was not understood, because I have
been after the negro so much. I will inform the Convention that the negro
is not in this. (Laughter.)

OFFICIAL journal OF THE CONVENTION.

Mr. Hutchinson submitted the following:

"Resolved, That on the completion of the official journal of the Conven-
tion, the Secretary be requested to deposit the same with the Historical
Society of Kansas."

The resolution was withdrawn.

Friday, July 29, 1859. 547

adjustment of accounts with the convention.
Mr. McClelland submitted the following:

"Resolved, That the Sergeant-at-arms of this Convention be allowed the
per diem of a member for 30 days after the final adjournment of the body,
for arranging all matters growing out of this Convention, not otherwise
acted on by the Convention."

Mr. Griffith. Mr. President, I wish to know whether it will take that
time to do this business. I am not in favor of voting away the money of
the people uimecessarily. If it requires more or less time, I shall be willing
to vote for a just compensation. But I wish to know whether it is really
necessary for him to occupy 30 days.

The resolution was adopted.

ASSISTANT SERGEANT-AT-ARMS.

Mr. N. C. Blood. Mr. President, in making up the per diem and com-
pensation of members and officers of the Convention, the name of the As-
sistant Sergeant-at-arms (Francis House) was left out by the Committee
on Accounts. I move that he be allowed the regular per diem pay for the
term of his actual service.

The motion was agreed to, and the order was made accordingly.

CLOSING THE RECORDS, &C.

Mr. Thacher submitted the following:

"Resolved, That the President of this Convention be allowed thirty days
after adjournment, with usual pay, for the purpose of superintending the
closing up of the records, and such other business as the Convention leaves
unfinished.

Resolved, That the enrolled and authenticated parchment copies of the
Constitution be entrusted to the custody and guardianship of the President
of this Convention, to be deUvered by the said President to the Governor
of the State."

Mr. Thacher. There will be a vast amount of matter connected with
the business of this body which will haye to be arranged and adjusted after
the final adjournment, which, perhaps, no one is better acquainted with
than the President.

The President. There is to be but one original authenticated copy of
the Constitution.

Mr. Thacher. I accept the modification.

The resolution was adopted.

signature.

Mr. LiLLiE submitted the following, which was adopted:

[*418] "Resolved, That when this Constitution shall *be signed by the
members of the Convention the district which they represent shall be
designated."

ELECTIONS.

The President. Printed copies of the enrolled Constitution beine now
in the Hall, the Chair would suggest that the Convention proceed with the
verification.

On motion by Mr. Thacher, the fourth article (Elections) was read,
approved and ordered to the enrollment for signature.

548 Convention Proceedings and Debates.

suffrage.

On motion by Mr. Thacher, the Convention pursued the verificat'on in
the fifth article (Suffrage) — and the same having been read through by the
Secretary —

Mr. McDowell. Mr. President, I propose unanimous consent to strike
out the last clause of section 3:

"Sec. 3. No soldier, seaman or marine in the army or nav'y of the
United States, or of their allies, shall be deemed to have acquired a resi-
dence in the State in consequence of being stationed within the same, nor
shall any soldier, seaman or marine have the right to vote."

I propose to strike out the words: "nor shall any soldier, seaman or
marine have the right to vote."

Mr. HrTCHiNSON. Mr. President, I would sugsest to the centleman from
Leavenworth, that there are others desirous of amending this section, hav-
ing a different view; and if he would modify his motion so as to insert the
word "such" before the word "soldier" in this last clause, he would meet
that \'iew.

The President. The recollection of the Chair is that motions precisely
similar to these have been once voted down by the Convention, and there-
fore they cannot be renewed, except by general consent.

Mr. Graham. I object.

.The article was then passed, and ordered to the enrollment.

EDUCATION.

The Convention pursued the verification in the sixth article (Education)
and the same having been read through —

Mr. J. Blood. Mr. President, there is an omission of date in the 3d
section:

"S^r. 3. The proceeds of all lands that have been, or may be, granted
by the United States to the State, for the support of schoo's, and the
five hundred thousand acres of land granted to the new States, under an
act of ConQ:ress distributinT the proceeds of pub'ic lands amonsc the several
States of the Union, approved a. d. 1841, and all estates of persons dying
without will or heir, and such per cent, as may be granted by Congress,
on the sa^e of land in this State, and shall be a perpetual snhool fund,
which shall not be diminished, but the interest of which, together with all
the rents of the lands, and such other means as the Legislature may pro-
vide, by tax or otherwise, shall be inviolably appropriated to the support
of common schools."

The words "September fourth" are omitted in reference to the act of
1841. If it is necessary I will make a motion to correct it.

The President. It can be done by general consent, without a motion.

Mr. J. Blood. It seems to me that there is an improper arrangement
of the words in the third section in the clause — "and all estates of persons
dying without will or heir." If the words "heir" and "will" were trans-
posed so as to read: "all persons dying without heir or will," it would be
a much better use of language.

Mr. Ingalls. This clarse, as it stood in the section as originally re-
ported, read in this way: "and all estates of deceased persons who may
have died without lea\ing a will or heir " H was r-han'^ed, and passed the
committee as it now stands after considerab'e deliberation.

Mr. J. Blood. I think the change is desirable.

Friday, July 29, 1859. 549

The President. If there is no objection the words will be transposed.
The article was then ordered to the final enrollment.

[*419] *PUBLIC INSTITUTIONS.

The Convention pursued the verification in the seventh article — Public
Institutions — and it was approved and passed to the enrollment.

MILITIA.

The Convention pursued the verification in the eighth article— Militia —
and it was passed to the enrollment.

COUNTY AND TOWNSHIP ORGANIZATION.

The Convention pursued the verification in the ninth article — County
and Township Organization — and the same having been read through —

Mr. Preston proposed an amendment to section 1 —

"Section 1. The Legislature shall provide for organizing new counties,
locating county seats and changing county lines, but no county seat shall
be changed without the consent of a majority of the electors of the county;
nor any county organized, nor the hues of any county chanqred so as to
include an area of less than four hundred and thirty-two square miles."

Mr. Preston. I move the reconsideration of section 1, to enable me to
make a motion to amend by striking out the last two fines, and inserting
in their place: "by the Legislature, without a vote of the majority of the
voters included within the new county."

Mr. Burris. Mr. President, the design of this seems to be to strike out
that part of the section which prohibits the Legislature from creating a
new county \\ath less than four hundred and thirty-two square miles, or
from reducing any county below that. 1 hope it will not prevail. That
provision has been well considered by the Convention. I am opposed to
reconsideration unless there is a palpable necessity for amendment. I
would not reconsider without such a direct necessity, though I might my-
self desire an amendment. This question has been fully discussed, and
the Convention finally decided to let the matter stand as it does.

The President. Unless the Chair is deceived by recollection, a similar
proposition has been rejected by the Convention. If so, it would be out
of order.

Mr. McDowell. Mr. President, I move the reconsideration of the first
section, for the purpose of enabling me to move to add the following:
"and each county shall be divided into as many districts as it has repre-
sentatives."

The President. That motion has been once laid on the table.

Mr. J. Blood. It contemplates the single district system. It con-
templates the divdding of each county into representative districts, so that
there may be as many districts as there are representatives allowed. I
think our population is too sparse to attempt that experiment. The only
occasion for any such scheme is to be found in the large cities, when there
may be a conflict of interests in different sections and exciting questions
growing out of them. For instance, in New York city we find distinct
interests — such as the manufacturing, the marine and mercantile interests —
that do not harmonize with each other. They can readily run into such
a scheme in such a place. But we have nothing to require anything of
that sort in our Territory. And such a pro\ision of law would be very
difficult of enforcement. I think it will strike the general sense of members

550 Convention Proceedings and Debates.

that it ought not to come in here. It is too soon now. There is no
occasion for it. It will only give rise to difficulties and misunderstandings;
and it will be almost impossible to carry it out.

Mr. Graham. I hope it will be taken by common consent.

Mr. J. Blood. I shall most certainly object.

The article was passed and ordered to the enrollment.

apportionment.

The Convention proceeded to the verification of the tenth article —
Apportionment — and the same being read through —

Mr. Houston suggested a reduction of the number of representatives —
[*420] dropping one in *Pottawottamie, in Atchison and Brown, &c.

Mr. Burris corrected the clerical error, inserting "and" between "Chase'
and "Butler."

Mr. Ross. Mr. President, there is a very grave error in the second
section :

"Sec. 2. It shall be the duty of the first Legislature to make an appor-
tionment, based upon the census ordered by the last Legislative Assembly
of the Territory; and a new apportionment shall be made in the year
1866, and every five years thereafter, based upon the census of the pre-
ceding year."

I move to amend so that the census for the first apportionment to be
made by the first Legislature, shall be the national census of 1860. We
should certainly have the latest census for the basis of a new apportion-
ment.

Mr. Graham. I do not see how that can be reached. If we come into
the Union early in 1860, we shall be too late to be included in the national
census.

The President. That census will not be taken here unless Kansas is in
the Union on the 1st of January, 1860.

The amendment was not passed.

WYANDOT.

The President. The Chair would call attention to the speUing of the
word "Wyanandot." He would suggest (as the orthography is various)
the spelling of the word as in the Statutes of the United States.

Mr. Kingman. What is the local spelling?

The President. The local spelling is two t's without the e. Two t's
with the e is the French mode. One t is the English mode. Two t's with-
out the e is no mode at all. The spelling of the word in the Statutes will
be adopted in the enrollment.

The article was then ordered to the enrollment.

FINANCE AND TAXATION.

The Convention proceeded with the verification in the eleventh article
— Finance and Taxation — and the same having been read through —

The President. The words "head of a" were stricken out of the first
section by the committee on phraseology and arrangement.

"Section 1. The Legislature shall provide for a uniform and equal rate
of assessment and taxation; but all property used exclusively for State,
county, municipal, literary, educational, scientific, religious, benevolent and

Friday, July 29, 1859. 551

charitable purposes, and personal property to the amount of at least two
hundred dollars for each head of a family, shall be exempted from taxation."

Mr. Ross. Those words were inserted by a vote of the Convention.

The PREsmENT. The action of the Convention was also had upon the
recommendation of the committee to strike them out.

They were ordered to be stricken out.

Mr. Kingman. In section 1, the word "and" between "benevolent"
and "charitable," should be changed to "or," I think. But if anybody
objects, I back down.

Mr. Barton. Mr. President, I ask unanimous consent to amend the
5th section:

"Section 5. For the purpose of defra>ang extraordinary expenses and
making public improvements, the State may contract public debts; but
such debts shall never, in the aggregate, exceed one million dollars, ex-
cept as hereinafter provided. Every such debt shall be authorized by
law for some purpose specified therein, and the vote of a majority of all
the members elected to each House, to be taken by the yeas and nays,
shall be necessary to the passage of such law; and every such law shall
provide for levjdng an annual tax sufficient to pay the annual interest of
such debt, and the principal thereof, when it shall become due; and shall
specifically appropriate the proceeds of such taxes to the payment of such
principal and interest; and such appropriation shall not be repealed nor
the taxes postponed or diminished until the interest and principal of such
debt shall have been wholly paid."

[*421] *After the word "and" in the fourteenth line, I wish to insert
these words: "to create a sinking fund for the payment of." I ask that
these words be inserted by general consent.

The President. The Chair would suggest, whether the language as it
stands does not give that power to the Legislature.

Mr. Kingman. I have no doubt at all about it.

The President. Unless some further expression is had, the amendment
will not be made.

Mr. Griffith. I move to reconsider section five, for the purpose of
inserting the words.

Mr. BuRRis. On examination of the section, it seems to me that the
Legislature would have fcll power to create a sinking fund, as it now stands.
I think it is about as complete and perfect as we can get it, and 1 shall
oppose all unnecessary reconsiderations.

The Convention refused to reconsider.

And then the article was ordered to, enrollment.

corporations.

The Convention proceeded to the verification of the twelfth article —
Corporations — and the same having been read through —

Mr. Ingalls. Mr. President, I notice an error — an omission to correct
an error — in the last line but one. Instead of reading —

"Section 6. The term corporation, as used in this article, shall be con-
strued to include all associations and joint stock companies having any of
the powers and privileges not possessed by individuals or partnerships and
all corporations shall have the right to sue, and shall be subject to be
sued by their corporate name in all courts of competent jurisdiction, the
same as natural persons."

552 Convention Proceedings and Debates.

It was corrected by the committee so as to read —

"Section 6. The term corporations, as used in this article, shall include
all associations and joint stock companies having powers and privileges not
possessed by individuals or partnerships ; and all corporations may sue and
be sued in their corporate name."

Mr. J. Blood. Will this provision affect any corporation authorized
by the Territorial Legislature?

The President. There is a provision in the Schedule against that.

The proper correction was ordered.

Mr. McDowell. Mr. President, I ask for the reconsideration of the
first section, for amendment. As it stands now it reads —

"Section 1. The Legislature shall pass no special act conferring cor-
porate powers. Corporations may be created under general laws; but all
such laws may be amended or repealed."

I i^ash to have added these words: "but no amendment of a city charter
shall become operative until after it shall have been submitted and ratified
by a vote of the people of such city." The reason I make this amendment
is this: I would provide against the case of one or two men going to the
Legislature, as they did from Leavenworth last winter, and changing the
charter of the city without the approbation of the people. Inasmuch as a
city charter is organic law, the people should pass upon it. I think it but
justice that this right of the people should be respected — and I ask the
amendment on that ground.

Mr. J. Blood. I would like to inquire for information, whether such a
provision could apply to a general law creating corporations? whether the
Legislature would have power to amend the charter of a city that had
taken corporate powers under a general law? and if so, whether it would
apply to all corporate bodies in the State?

Mr. McDowell. I suppose it would, to a certain extent. When the
Legislature shall pass a general city corporation law, they will have to
classify cities by population; and the submission would be made to cities
of a particular grade. I see nothing objectionable in the proposition. I
suppose the interests of similar populations would be similar.
[*422] Mr. J. Blood. That might be. But sup^pose they were not —
and one should approve, and another disapprove — the question is, whether
the acfgregate vote would govern, or whether the vote of each separate
corporation should govern in their individual cases.*

Mr. Thacher. It strikes me that we had better not reconsider. Too
many difficulties spring up in our pathway. I do not think we should
distrust the Legislature too much — as though we were thinking and fearing
all the time, that they might do son^e ungenerous or unhandsome thing.

The motion to reconsider was rejected.

And then the Article was ordered to the enrollment.

banks and currency.

The Convention proceeded to the verification of the thirteenth Article
— Banks and Currency — and the same having been read through —

Mr. Thacher. I ask unanimous consent to strike out section 7:

"Sec. 7. No banking institution shall issue circulating notes of a less
denomination than five dollars."

Mr. Ingalls. I object.

Friday, July 29, 1859. 553

Mr. Burnett. Mr. President, I ask a reconsideration of section 7, for
the purpose of striking out "five," and inserting "one" in its place.

The motion was rejected — afhrmative 20, negative 15 — two-thirds not
^•oting in the affirmative.

Mr. BuRRis. Mr. President, I call attention to the second section:

"Sec. 2. All banking laws shall require, as collateral security for the
redemption of the circulating notes of any bank, organized under their
provisions, a deposit with the auditor of the State, of the interest paying
bonds of the several States or of the United States, at the cash rates of
the New York stock exchange, to an amount equal to the amount of cir-
culating notes which said bank shall be authorized to issue, and a cash
deposit in its vaults of ten per cent of said amount of circulating notes;
and the State auditor shall register and countersign no more circulating
bills of any bank, than the cash value of such bonds when deposited."

I would suggest the propriety of adding to the last clause these words:
"and no bills shall be put in circulation, except such as shall have been
countersigned by the Auditor."

Mr. Kingman. The law requires that.

Mr. BuRRis. But does the Constitution? It seems to me that the
Constitution here would simply prohibit the auditor from countersigning
bills beyond the amount deposited. And the question is, whether the
Legislature might not authorize the circulation of bills not countersigned?

Mr. J. Blood. They are not allowed to issue bills beyond the value of
the stock deposited.

Mr. President Winchell (Mr. Townsend in the Chair). Mr. Presi-
dent, it strikes me that there is force in this. No provision should be neg-
lected, that can be made j-et more secure. I recollect that there is such a
provision in the Territorial law; and if it can give additional security, it
certainly should be inserted here. It seems to me that there misht be the
case of a bank going on and issuing bills not countersigned; and it is not
to be expected that the people will always examine closely to see the sig-
nature of the auditor. It seems to me that the amendment is a just and
prudent one, and that it would be \visdom to adopt that safeguard.

The motion to reconsider was lost — affirmative 15, negative 12 — two-
thirds not voting in the affirmative.

Mr. Griffith proposed "such bank" instead of "said bank."

It was rejected.

Mr. Blunt. Mv. President, I move to reconsider, in order to enable
me to move to strike out the Sth section:

[*423] *"Sec. 8. No banking law shall be in force until the same shall
have been submitted to a vote of the electors of the State at some general
election, and approved by a majority of all the votes cast at such election."

There are two reasons why I propose this: In the first place, we have
certainly thrown around the Legislature all the possible safeguards and
securities in relation to banks and banking — and after we have done this,
and after the people have elected a Legislature to make laws under this
Constitution, I do not see any propriety in continually submitting their
work to the people for approval. There is no more reason for submission
in this, than there might be in almost any other case. We have certainly
thrown safeguards enough around this question. Hence I am opposed to re-
ferring this matter back to the people any more than any other subject of

554 Convention Proceedings and Debates.

legislation. And the other objection is this: It is required that such a
banking bill, in order to become a law, shall receive a majority of all the
votes cast at some general election. It is well known, that perhaps one-
half the electors would vote neither for nor against the bill. People gen-
erally do not inform themselves much about banking. And so the law
would go by default: and although a majority of those voting on the
question might be in favor of it, still it is not a law, because it did not re-
ceive a majority of all the votes cast.

The Convention refused to reconsider; and then the Article was ordered
to enrollment.

amendments.

The Convention proceeded to the verification of the fourteenth Article
— Amendments — and the same having been read through —

Mr. Stinson. Mr. President, I would inquire of the chairman of the
committee on Phraseology, what has become of the rhetorical flourish pre-
fixed to the first section by the gentleman from Brown? (Mr. Kingman.)

Mr. Ingalls. I am unable to tell.

Mr. Kingman. I recollect prefixing to the first section a general state-
ment, to the effect, that the people have the right at all times to change
their form of government. But I am not strenuous about it. It was a
simple declaration of a good principle; and the object was to keep the
principle there, whether we departed from it in practice or not.

Mr. Ingalls. I recollect that such a proposition was adopted. But it
never came before the committee on Phraseology and Arrangement.

Mr. Kingman. Let it die.

(This suffix by Mr. Kingman was adopted in committee of the whole,
but, on the 25th, it was rejected in Convention.)

Mr. Griffith. Mr. President, I perceive that a slight alteration is
necessary in the twelfth and thirteenth lines of the first section:

"Sec. 1. Propositions for the amendment of this Constitution may be
made by either branch of the Legislature; and if two-thirds of all the
members elected to each House shall concur therein, such proposed
amendments, together with the ayes and noes, shall be entered on the
journal; and the Secretary of State shall cause the same to be published
in at least one newspaper in each county of the State where a newspaper
is published, for three months preceding the next election for Senators
and Representatives, at which time the same shall be submitted to the
electors, for their approval or rejection, and if a majority of the electors
voting on said amendments, at said election, shall adopt such amend-
ments, the same shall become a part of the Constitution. When more than
one amendment shall be submitted at the same time, they shall be so
submitted as to enable the electors to vote on each amendment separately,
and not more than three propositions to amend shall be submitted at the
same election."

I understand that our Senators will be elected every two years. I
propose to strike out, in the twelfth and thirteenth lines, the words
[*424] *"Senators and" so that the proposition to amend the Constitu-
tion need not lie over three years.

The words were stricken out by unanimous consent.

The Article was then ordered to the enrollment.

Friday, July 29, 1859. 555

miscellaneous — homestead.

The Convention proceeded to the verification of the fifteenth Article —
Miscellaneous — and the same having been read through —

Mr. J. Blood. Mr. President, I have understood, that this ninth sec-
tion was to be referred to the people for a separate vote:

"Sec. 9. A homestead to the extent of one hundred and sixty acres
of farming land, or of one acre within the limits of any incorporated town
or city, occupied as a residence by the family of the owner, together with
all improvem.ents on the same, shall be exempted from forced sale under
any process of law, and shall not be alienated without the joint consent
of husband and wife when that relation exists; but no property shall be
exempt from sale for taxes or for the pajinent of obligations contracted
for the purchase of said premises, or for the erection of improvements
thereon. Provided, the provisions of this section shall not apply to any
process of law obtained by virtue of a hen given by the consent of both
husband and wife."

Mr. Ingalls. That \\dll be read as section twenty-five in the Schedule.

Mr. J. Blood. My understanding was that it was to be submitted for
a separate vote, and I move to reconsider, for the purpose of striking out
this section, and inserting the submission of the homestead exemption in
the form of a resolution, which, by the indulgence of the Chair, I will read :

"Resolved, That at the same time when the votes of the electors shall
be taken for the adoption or rejection of this Constitution, an additional
section, in the following words, viz: A homestead to the exi;ent of one
hundred and sixty acres of farming land, or of one acre within the limits
of any incorporated town or city, occupied as a residence by the family
of the owner, together with all improvements on the same, shall be ex-
empted from forced sale under any process of law, and shall not be
alienated without the joint consent of husband and wife when that relation
exists — but no property shall be exempt from sale for taxes or for the
payment of obligations contracted for the purchase of said premises, or
for the erection of improvements thereon: Provided, The provisions of this
section shall not apply to any process of law obtained by virtue of a lien
given by the consent of both husband and wife.

To be submitted to the electors of this State for adoption or rejection,
in the form following to wit: A separate ballot may be given by every
person having the right to vote for the adoption of this Constitution, to
be deposited in a separate box. Upon the ballots given for the adoption
of said separate amendment, shall be written and printed, or partly written
and partly printed, the words: "Homestead exemption; Yes." And upon
the ballots given against the adoption of said separate amendment: "Home-
stead exemption; No." And on such ballots shall be written or printed
the words "Homestead exemption," in such manner that such words shall
appear on the outside of such ballots when folded. If at the said election
a majority of all the votes given for and against the said separate amend-
ment shall contain the words, "Homestead exemption; Yes," — then the
said separate amendment, after the adoption of this Constitution, shall
be a separate section, to be numbered section 9 of the Article on ^'Iis-
cellaneous of this Constitution, in full force and effect."

The Convention refused to reconsider.

Mr. Kingman. Mr. President, there is a suggestion growing out of the
peculiar phraseology of the sixth section:
[*425] "Sec. 6. The Legislature shall provide for *the protection of

556 CoN\'ENTiON Proceedings and Debates.

the rights of women, married and single, in acquiring and possessing prop-
erty, real, personal and mixed, separate and apart from the husband, and
shall also pro\dde for the equal rights of women in the protection of their
children."

I have no objection to the principle of the section, but I am positively
unable to understand how it is that a single woman should be said to have
property separate and apart from her husband. I move for unanimous
consent to strike out the words "married or single," as these two classes
comprehend all the ladies with whom I am acquainted.

The words were stricken out.

Mr. Kingman. I wish the Convention would consent to reconsider
section 7:

"Sec. 7. The Legislature may reduce the salaries of officers, who shall
neglect the performance of any legal duty."

It puts the salaries of officers so under the control of the Legislature as
to render them liable to become subjects of political punishment. I move
to reconsider the Article, for the purpose of striking out this section.

The Convention refused to reconsider.

]\Ir. Hutchinson. Mr. President, the Sth section, referring to the lo-
cation of the Capital, reads:

"Sec. 8. The temporary seat of government is hereby located at the city
of Topeka, county of Shawnee. The first Legislature under this Constitu-
tion shall provide by law for submitting the question of the permanent
location of the Capital to a popular vote, and a majority of all the vot€S
cast at some general election shall be necessary for such location."

There might be many people in some counties that would be indifferent
about this location, and thousands of voters might refuse to cast their
votes on the question. I move to reconsider, for the purpose of mo\'ing
to amend so as to require only a majority of all the votes cast on the
Capital question.

The Convention refused to reconsider.

The Article was then ordered to the final enrollment.

schedule — HOMESTEAD.

The Convention proceeded to the verification of the sixteenth Article —
Schedule — and the same having been read through —

The President. The Chair would state, that the provision prepared by
the committee on phraseology and arrangement, for submitting the Home-
stead to a separate vote, should come in here at the close of this Article, as
the clerk will read:

"Sec. 25. At the election to be held for the ratification or rejection of
rhis Constitution each elector shall be permitted to vote on the Home-
stead provision contained in the Article on 'A.iscellaneous,' by depositing a
ballot inscribed Tor the Homestead,' or 'Against the Homestead;' and if
a majority of all the votes cast at said election shall be against said pro-
vision, then it shall be stricken from the Constitution."

The section was adopted.
Mr. May. Mr. President, in the 14th section:

"Sec. 14. Said judges of election, before entering upon the duties of
their office, shall take and subscribe an oath faithfully to discharge their

Friday, July 29, 1859. 557

duties as such. They shall appoint two clerks of election, who shall be
sworn by one of said judges faithfully to discharge their duties as such.
In the event of a vacancy in the board of judges the same shall be filled by
the bystanders."

I move to strike out the words '"bystanders" and insert "electors
present."

The amendment was taken bj- consent.

Mr. HipPLE. What rule is to decide who are electors?

The President. The registry law.

Mr. Stinson. I move to strike out from the 14th section the words "as
such," where they occur in the fourth, fifth and eighth lines.

The President. The Chair supposes these are literal transcripts from
the Territorial law, and perhaps better not be changed.

[*426] *Mr. BuRRis. I object.

Mr. Stinson. In the fourth section:

"Sec. 4. All laws and parts of laws in force in the Territory, at the
time of the acceptance of this Constitution by Congress, not inconsistent
with this Constitution, shall continue and remain in full force until they
expire, or be repealed."

In the last line insert the word "shall" between "or" and "be."

The amendment was taken by unanimous consent.

Mr. Hutchinson. In the 24th section:

"The first Legislature shall have no power to make any change in county
lines."

There is more in this section than seems to have been designed to be
expressed. We ought to strike out all after the word "power." For, if
they have the right to do anj'thing it seems to me they ought to have the
power to change county lines, if the people desire. I make that motion.

There was no second.

The Article was then ordered to the enrollment; and so the Constitu-
tion was verified and approved.

NO SMOKING.

Mr. McDowell. Mt. President, I rise to a point of order. There is a
rule of the Convention to prevent smoking in the Hall. And my colleague
here is indulging.

The President. The point is well taken. The Sergeant-at-arms \n\l
see that the rule is enforced.

MEM0RI.\L.

The Convention proceeded to the verification of the Memorial of the
Convention of the people of Kansas to the Congress of the United States,
and the same having been read through —

Mr. Thacher. I do not understand the object of the last resolution:

"Resolved, That it is the desire of the people to be admitted into the
Union with this Constitution."

Mr. J. Blood. I see no propriety in it.
The President. I have seen no precedent for it.

Mr. J. Blood. When the Constitution .shall have been ratified and sent
to Washington — that is an application for admission. I think it can be

558 Convention Proceedings and Debates.

hardly necessary to retain this resolution. I do not see any necessity for
it, nor any propriety in it. I think it is new and unusual. I propose to
reconsider for the purpose of offering the following to take its place:

"We do hereby certify that the foregoing is the Constitution adopted by
us in Convention. In testimony whereof we have hereunto set our hands
at Wyandotte, the day of July. a.d. 1859."'

The Convention refused to reconsider.

Mr. J. Blood. I suppose it is in order to offer a motion to change the
heading of this bill.

The President. It will be in order after it shall have been acted on.

Mr. McDowell. Mr. President, would it not be well to have a resolu-
tion there, asking Congress to assume the debts of the Territory?

Mr. McDowell submitted the following:

"Resolved, That Congress be further requested to assume the debt of
this Territory."

Mr. J. Blood. I see no necessity for such a resolution. I think the
debts of the Territory are the debts of Congress already.

Mr. BuRRis. If the gentleman from Douglas is correct — and I sup-
pose he is — still I see no impropriety in adding the resolution.

The resolution was adopted by consent.

On the motion of Mr. Griffith (by unanimous consent) the heading of
this bill was changed from "Memorial" to "Resolutions."

The President. The Chair would enquire whether the Schedule is an
Article of the Constitution. In the Constitution of Minnesota, the
Schedule stands alone.

Mr. Kingman. So it does in the old Constitution of Kentucky.

The words "article sixteen" were stricken out by unanimous consent.

The Resolutions were then adopted, passed and ordered to the final
enrollment.
[*427] *attesting clause.

Mr. LiLLiE submitted the following:

"Done in Convention by Delegates assembled at Wyandot, on the 29th
day of July, a. d. 1859, and of the sovereignty and independence of the
United States the eighty-third."

Mr. McDowell. A resolution has been passed providing for a mode
of authentication. It is in the usual mode, I believe.

The President. The Chair understands the resolution to apply to
copies of the Constitution in general — not requiring all the signatures or
the general attestation of members.

Mr. Stinson. I would inquire what majority it will require to carry
that resolution?

The President. A majority.

Mr. Stinson. I thought that all new matter must be passed by two-
thirds?

The President. The gentleman is mistaken. The rule has respect
only to reconsiderations and amendments under reconsiderations.

Mr. BuRRis proposed' to amend the proposition, by substituting the
following:

"Done in Convention at Wyandot, this 29th day of July, a. d. 1859."

Friday, July 29, 1859. 559

Mr. Stinson. Mr. President, it strikes me that this is an integral
part of the Constitution; and that in order to adopt it we shall be obliged
to reconsider some part of the Constitution — now since we have passed
every part of it. If it were not a part of the Constitution, I should call
it a resolution, with the Chair. But it seems to me that the attesting
clause is as much a part of the Constitution as any other part of the in-
strument: and that in order to adopt it, it will be necessary to recon-
sider some part — say the last word — of the Constitution.

The PREsmENT. The Chair is of opinion, that the resolution in no
way affects the Constitution as an amendment.

Mr. Stinson. The ruling of the Chair would amend without recon-
sidering a portion of the article.

Mr. BuRRis' substitute was agreed to, and so the clause was adopted
and passed.

THE LADIES.

Mr. Griffith submitted the following, which was adopted unanimously:
"Resolved, That the thanks of this Convention be tendered to the Ladies,
who have favored us with their presence during our labors."

CONVENTION RECORDS.

Mr. Simpson submitted the following:

"Resolved, That the records of this Convention, with the exception of the
authenticated copy of the Constitution, be entrusted to the custody and
safe keeping of the Secretary of this Convention, to be delivered by him
to the Secretary of State on the admission of Kansas into. the Union, and
placed among the archives of the State."

The resolution was adopted.

At 12 M. the Convention took a recess till 3 p. m.

AFTERNOON SESSION.
The PREsroENT called the Convention to order at 3 o'clock.

PER DIEM OF THE PRESIDENT.

Mr. N. C. Blood. Mr. President, I offer the following resolution:
"Resolved, That the President of this Convention, J. M. Winchell, as an
officer, be allowed the resular per diem pay as other officers of this body."
The resolution was adopted.

ACKNOWLEDGMENTS.

Mr. Arthur. Mr. President, I have a resolution:

"Resolved, That the thanks of this Convention be tendered to John A.
Martin, as Secretary, and his assistants, A. J. Blanchard, R. J. Hinton and
Samuel F. Tappan, and also to George F. Warren, Sergeant-at-Arms, and
John M. Funk, Doorkeeper, and their assistants, for the very able and
faithful manner in which they have performed the laborious duties of their
respective offices."

The resolution was adopted.

Mr. TowNSEND. Mr. President, I have a resolution which I wish to
offer:

5C0 Convention Proceedings and Debates.

[*428] ^"Whereas, for the third time the people of Kansas, through
their chosen representatives, have convened in earnestness and solenmity
to build up a bulwark of freedom and popular rights, in the organization
of a State government; and whereas, the hour is nigh for the word of
parting and the close of our labors; therefore,

Resolved, That the thanks of this Convention are gratefully tendered
to the Hon. J. M. Winchell, for the able, determined, impartial and digni-
fied manner in which he has fulfilled the obligations of his arduous position.

Resolved, That the Hon. J. M. Winchell carries with him the gratitude
and the kindest wishes of the members of this Convention."

The preamble and resolutions were adopted.

Mr. J. Blood. Mr. President, I offer the following:

"Resolved, That the thanks of this Convention be respectfully tendered
to the Rev. Mr. Davis, who has attended the Convention with his prayers,
invoking the blessings of Almighty God upon the labors of this Convention."

The resolution was adopted.

Mr. Hutchinson. Mr. President, I have a resolution:

"Resolved, That the thanks of the members of this Convention are due
the citizens of Wyandot, for the courtesies and hospitalities received at
their hands during the session."

The resolution was adopted.

Mr. N. C. Blood. Mr. President, I have a report in behalf of the com-
mittee on accounts:

Allowing J. R. Parr $60 for putting up railing.

The report was adopted.

printing of the official report of proceedings and debates.

Mr. Burris. Mr. President, allow me to enquire what action the Con-
vention has taken to provide for publication in pamphlet form of the
debates and proceedings?

The President (x\ r. Thacher in the Chair). The chairman of the com-
mittee on prmting perhaps can tell.

Mr. Burris. I simply desired to call the attention of the Convention
to it.

Mr. Hutchinson. Mr. President, I would state in reply, though not
upon that committee, that the printer commenced striking off the same
matter he publishes in his paper, for a pamphlet edition of sixty copies, by
request of the chairman of the committee. The matter was named in open
Convention, suggestions were called for and none were made; so the com-
mittee increased the number from sixty to one hundred. At that point
the matter rests. They are striking off simply one hundred copies, and at
this late stage it would be expensive to make any new orders; but the
printer proposes to continue striking the same number to the close, when
we will have two copies to each member, each copy stitched together, with
paper covers — with this exception: this arrangement was not proposed
until the type of two or three days' proceedings had been taken down — I
don't know what the term is they use.

Mr. Thacher. Distributed.

IN'r. Hutchinson. It will require a new resolution about the matter,
throughout, for the printer should reset the first two or three days' pro-
ceedings, in order that we will have complete reports.

Friday, July 29, 1859. 561

lipman meyer.

Mr. J. Blood. Mr. President, I believe there was a memorial laid upon
the table yesterday from Mr. Meyer, asking for additional pay for the use
of this hall. If in order, I move that memorial be taken from the table.

The motion was agreed to.

Mr. J. Blood. Mr. President, I propose to offer the following resolu-
tion:

"Resolved, That one hundred dollars be and is hereby allowed to Mr. L.
Myers, in addition to the amount (•$291) recommended by the committee on
accounts."

[*429] *Mr. Foster. I move to lay it upon the table.

The President (Mr. Thacher in the Chair). There is not a second.

The resolution was adopted.

PROCEEDINGS AND DEBATES.

Mr. President Winchell. Mr. President, is there anything before the
House ?

The President. There is nothing.

Mr. President Winchell. I offer the following resolution:

"Resolved, That the pamphlet copies of the proceedings and debates be
ordered to be completed and distributed among the members and officers."

Mr. President Winchell. Mr. President, I would say that I under-
stood one hundred copies to be ordered; that a large proportion of the
pamphlet is printed, but the first part is not printed, and the type has
been distributed. The whole operation of that resolution would be to have
the first part re-printed so as to complete the pamphlet. If the Conven-
tion is desirous of going to an additional expense and ordering the whole
type reset, to have a thousand copies printed, I shall not object. But in
order to secure what we have done, I think that resolution is necessary.

Mr. Stiarwalt. Mr. President, I move that the resolution be amended
so that five hundred copies be printed in pamphlet form.

Mr. Winchell. I accept the amendment.

Mr. Thacher. Mr. President, I suggest that, having to reset the type
for five hundred copies, you might as well have a thousand copies struck
off as five hundred. The additional expense would be trifling — only the
press-work and paper.

Mr. Stiarw.\lt. I accept.

The resolution, as thus amended, was then adopted.

the LEAVENWORTH TIMES.

Mr. Simpson. I offer the following resolution:

"Resolved, That the thanks of this Convention are tendered to Cham-
pion Vaughn, proprietor of the Leavenworth Times, for the gratuitous
distribution of his paper to the delegates."

The resolution was adopted.

THE ladies.

The President. The Chair would state he has a communication from
the ladies, which he is requested to read:

"The ladies attending the sessions of this Convention beg leave to re-
spond to the vote of thanks tendered this morning — that they have been
both pleased and profited by the debates and proceedings generally.

36 — 778

562 Convention Proceedings and Debates.

And while they acknowledge themselves duly grateful for small favors
from the Constitutional Board, they beg leave to say, that the very com-
mendable self-respect of the members generally, has relieved them from all
unpleasant apprehensions as to the wisdom or the propriety of asking for
the residue of "rights" on all suitable occasions.

C. J. H. Nichols, Lucy B. Armstrong,

Susan Collins, H. Elizabeth Page,

S. M. Paddock, Emily Stapleton,

Catharine Lee, Bertia C. Carpenter,

F. E. Root, H. H. Alden,

H. Ann Taylor."

the WYANDOTTE COMMERCIAL GAZETTE.

The President. The Chair is requested to make a statement with re-
gard to the printing account. A statement was made this morning by a
member in his place, but no action was taken by the Convention. The
Chair is now informed that Mr. McDonald is desirous of having the matter
put in some shape, and that he is willing to compromise bj^ taking money
for the amount of papers originally contracted for — two copies to each
member — and taking the balance in scrip. It seems to the Chair that this
is a reasonable proposition on the part of Mr. McDonald. Some action
should be taken, as there is no question but that the tacit understanding
was that he was to have pay in cash for his papers, or the scrip at its cash
value, which probably will be fifty per cent.

[*430] *Mr. Ross. He proposes to finish the proceedings and furnish
the paper to the close, at that rate.

The President. So the Chair understands it. I suppose he will send
them to the post office address of members.

Mr. Ross. Yes, sir.

Mr. Thacher. It seems to me each member is to pay his two dollars.

Mr. Kingman. Will the gentleman from Douglas (Mr. Thacher) in-
form those men who are without money how they will do it?

Mr. Thacher. They had better be called upon by the gentleman from
Brown (Mr. Kingman).

Mr. Kingman. He has had the subiect under consideration longer
than any other member of the House, probably.

Mr. Stinson. Mr. President, I desire to offer a resolution. I will pre-
pare it.

printing the official reports.

Mr. Hutchinson. Mr. President, about the resolution that was passed
a few moments ago — I voted against it almost alone — in reference to
ordering one thousand copies of the reports of the proceedings of this
Convention. I simply wish to state the reasons for that vote, or rather
the position the Convention is in, in reference to that vote. The order
for Mr. McDonald to reset the matter will cost from one thousand to
fifteen hundred dollars. The subject has been brought before us at two
separate times in the early part of the session, and suggestions called for.
At that time we might have ordered two thousand copies for the addi-
tional expense of only the pres.s-work and paper — probably not over two
hundred dollars; but now to reset the type for one thousand copies will
cost five or six times that amount. I doubt whether the people of this
Territory will consider that an economical act in this body. I would have

Friday, July 29, 1859. 563

been glad to have voted for such a resolution at the time the two several
suggestions were made, but after passing the whole session with an order
for one hundred copies, to now order one thousand copies, is an inju-
dicious act.

Mr. Stinson. Mr. President, I desire to offer the following resolution:

"Resolved, That a committee of five, with the Sergeant-at-Arms as chair-
man, be appointed to make a personal investigation into the pecuniary re-
sources of members as well as their pockets, to ascertain if they can stand
the 'raise' proposed by the printer."

Mr. Greer. I move to lay the resolution on the table.

The motion was rejected.

Mr. J. Blood. I propose to postpone the consideration of the resolu-
tion till to-morrow.

Mr. Stinson. I move to lay the motion on the table.

The motion was agreed to.

The resolution was then adopted.

Mr. Hutchinson. Mr. President, I now move to reconsider the vote
ordering one thousand copies of the proceedings and debates to be printed.

The motion was agreed to.

Mr. Thacher. I move to adopt the resolution with the amount men-
tioned by the President (Mr. Winchell) — one hundred copies.

Mr. Wrigley. Mr. President, I desire to ask the chairman of the com-
mittee on printing whether or not the forms in the printing office are yet
up? I forget the term uspd — but whether or not any of the past reports
of proceedings have been distributed?

The President. The Chair understands the type has all been taken
down as fast as the one hundred copies were printed.

The amendment was adopted as proposed by Mr. Thacher.

And then the resolution, as amended, was adopted.

Mr. Thacher. Mr. President, I move we proceed to the reading of
the enrolled copy of the Constitution.

THE WYANDOTTE GAZETTE.

[*431] *Mr. Ross. Mr. President, I wish to make an explanation of
this printing matter, if I could be in order.

The President. By consent the gentleman will proceed.

Mr. Ross. The printer expects us to pay two dollars in cash for what
papers he has printed. I do not think it would be proper to vote out of
this appropriation the balance which he asks, which would more properly
come from the members themselves. I think it would be no more than
fair that each member, having received his papers, should pay him what he
asks, inasmuch as it was a cash contract made in good faith.

The President. The Chair understands that, according to our present
action, Mr. Macdonald has no provision made for paying him for the
papers which have been printed for the use of the Convention.

Mr. Thacher. Mr. President, there was an understanding that the
papers were to be a dollar a copy, and all understood they were to be paid
for in scrip. Now the proposition is to receive two dollars in cash and the
balance in scrip, at its cash value. I am willing to accept the proposal. I
think it is fair; and we ought not to defraud the printer, anyway.

564 CoNVENTiox Proceedings and Debates.

Mr. BuRRis. Mr. President, I offer the following:

"Resolved, That the proprietor of the Wyandotte Commercial Gazette
be allowed six hundred and twenty-four dollars, for the publication of the
three hundred and twelve copies of the Gazette, provided said number of
copies shall continue to be furnished until the proceedings and debates of
this Convention are all published."

Mr. May. Mr. President, there are several members of the Convention
that have never received their copies. I have never received one-half of
mine.

The PREsmENT. The copies have been furnished by the printer.

Mr. May. I have been away some time, and requested they should be
sent to me, but they never were.

The President. WiU the Sergeant-at-Arms state whether they were
sent to the hall? The Chair understands the printer has done his part.

Mr. Hutchinson. Mr. President, the printer has no money allowed
him by that resolution. I came from his office since dinner, and I feel
that he will not be satisfied with this disposition of the matter. His first
proposition was that he would take one-half in cash, and he has since come
down to two dollars. I am. sure he will not take any lower offer. There
was an express contract by which he was to receive pay from the mem-
bers; I am sure I stated so the second day of the session. If gentlemen
do not understand it, it is not because the statement was not made.

The President. The Chair would enquire whether six hundred was
the number.

Mr. Ross. The number was six copies to each member.

The President. The Chair understands the printer proposes to re-
ceive two dollars from each member in money, and eight dollars in scrip.

Mr. Ross. The Sergeant-at-Arms informs me that the officers were
also included.

Mr. J. Blood. If the committee on printing have any proposition to
make, I would like to hear it. It seems to me they ought to be informed
in relation to this matter.

Mr. Ross. The Chairman of the committee on printing has distinctly
stated that he thought it the duty of every member to fork over.

The President. It is impossible for gentlemen to fork over scrip, for it
is not divided.

Mr. Griffith. Mr. President, I would like to know if this resolution
does not provide for double payment in scrip for these papers which the
[*432] gentleman can cash, and thus get '^the cash value of his papers?
If we pass it, I think it would be all Mr. Macdonald would require. I
presume it is customary for all legislative bodies to furnish a certain
amount of papers for their members. If individual members take scrip
for their pay, those doing business for us ought to take scrip; we ought
all to stand upon common level in this matter.

Mr. McClelland. Mr. President, I move to amend the resolution so
that it will read seven hundred and twenty dollars. In doing so, I count
sixty copies, for members and officers. That, at two dollars a copy,
amounts to seven hundred and twenty dollars. As" there is a misunder-
standing about the matter, this will make their cash value to the printer.

Mr. Blunt. Mr. President, I wish to enquire of the Chair, or some
one who has knowledge of Ihe facts, if the proprietor of this paper is not

Friday, July 29, 1859. 565

paid in addition for publishing the proceedings and debates — so much per
thousand ems, in addition to what he gets from the sale of his paper?

Mr. Ross. Mr. President, that is a matter which has no reference what-
ever to the contract. There has been a definite contract entered into and
made by him in good faith. If he gets too much, it is the fault of the
Convention, and not his.

Mr. Blunt. There seems to be some misunderstanding among members.
Mr. Stinson. Mr. President, I believe, if I remember right, we have
never asked any land of Congress; I offer this as a substitute:

"Resolved, That Congress be memorialized to appropriate one-quarter
section of land to pay the printer."

The substitute was adopted.

The resolution, as amended, was adopted.

Mr. Thacher. Mr. President, I now renew my motion to read the
enrolled copy of the Constitution, as far as it is in the possession of the
Convention.

Mr. Ross. Mr. President, I presume that the Constitution is now
printed and ready for the use of members. I suggest that a page be sent
to the printing office to procure printed copies, so that members can
have it in their hands while the reading is going on.

The President. Unless objection is made, the reading will be deferred
until a patre goes to the printing office and gets the copies as printed,
corrected and complete. The Sergeant-at-Arms will send for the copies.
(A page was sent and returned.)

The Chair is informed that the Constitution will not be printed for some
liours. The Secretary will proceed with the reading.

THE POWER BEHIND THE THRONE.

Mr. Stinson. Mr. President, I wish to offer the following resolution:

"Resolved, That the thanks of this Convention be tendered to J. Cham-
pion Vaughan, for the able and efficient manner in which he has dis-
charsed his duties as the power behind the throne in this Convention."

The resolution was adopted.

SIGNING OF THE CONSTITUTION.

The President. The Clerk will proceed to read the Constitution. The
Constitution was read to the 5th article. The Chair is informed that it
will be two hours before the balance will be ready. The signing will take
some little time; it is now near five o'clock, and the Convention should
decide upon what order of proceedings shall be had.

Mr. J. Blood. Mr. President, I move we proceed to sign it by districts.

Mr. Thacher. I suggest that the President and Secretary compare the
copies afterward. I don't see any necessity for detaining the Convention
to do it. The President of the Convention was a member of the com-
mittee on phraseology and arrangement, and we have already directed
him to remain some thirty days. I think it is competent for us to sign
it and leave the President and Secretary to examine and compare it with
the enrolled copy.

The President. The Chair would suggest that the chairman of the
[*433] committee on phrase*ology and arrangement be also directed to
assist in the examination.

566 Convention Proceedings and Debates.

Mr. Hutchinson. Mr. President, I would ask if it would not be
proper to move the adoption of the Constitution as a whole, first?
The President. It would.
Mr. Hutchinson. I therefore offer the following resolution:

"Resolved, That we do now adopt and proceed to sign the Constitution
for the State of Kansas, as just completed by this Convention."

Mr. Slough. Mr. President, I regret exceedingly that, for one, I can-
not sign the Constitution, nor vote for the result of the labors of this Con-
stitutional Convention. I regret also that a severe head-ache will prevent
me from going into a detail of the reasons which have brought me to this
conclusion. I will however attempt to state them, contenting myself with
merely stating them without entering into any argument to sustain them.

The instrument, in the main, is a good one — perhaps, I might say, a
model instrument. I do not know that I have ever read a State Constitu-
tion better framed in most things than this. But there are some pro-
visions in it, and some that ought to be in it, which being there, and not
being there, compel me to come to the conclusion that I have.

In the first place, Mr. President, I am not content with the boundaries
that have been adopted for the future State of Kansas. I believe that the
boundary policy adopted by this Constitutional Convention is prejudiced
to the best interests of this people. I believe that instead of contracting
our boundaries — instead of narrowing down to the boundaries adopted in
the preamble, it would have been our true policy taken into^ the northern
boundary of Kansas the additional territory proposed by the minority upon
this floor. I believe the time will come in the Territory of Kansas when
this great error here committed will be seen by every member upon this
floor. Without that portion of the original Territory of Kansas which has
been cut off, we are cut off from one of our greatest resources of wealth.
Not being a manufacturing or a commercial people — prevented by our
central location from being either — we must depend upon our mineral and
agricultural resources for the future greatness of the State. Until the
country becomes settled we have, by this act, deprived ourselves of that
amount of wealth which is necessary for our immediate future prosperity.

The system of government we have adopted, in some respects, is ex-
travagant. There is no necessity for our legislative body to be composed
of as many members as if we were an old State. A proposition was made
by the minority here to reduce the number to fifty or sixty; which would
have been a yearly saving to the State of Kansas of about $12,000 — enough
to pay the salary of judges of the new State. I cannot vote for it, again,
on account of its extravagance.

And I cannot vote for it for another reason: I beheve that, by the ex-
clusion of those Indians, made citizens of the United States by treaty or
otherwise, you are placing us in a position of antagonism to the treaty
making power of the country. That power is vested in Congress. That
body has declared that certain classes of these Indian tribes are citizens;
and I ask gentlemen, if we exclude those, whether, having adopted a Con-
stitution republican in form, we can be sure having adopted one which will
entitle us to admission into the Union? I think not.

And there is another provision which I object to — a provision which I
think one of the most damnable that has been inserted into the instrument,
and that is the provision for a registry law. I might read the argument in
opposition to it, but, as I stated before, my health will not permit. That
provision is to be found in the schedule. It is there provided that every

'Note. — Perhaps instead of this phrase the speaker intended to say "to take by." — Ed.

Friday, July 29, 1859. 567

election, including the one at which this Constitution shall be voted
upon, shall be governed by a registry law. The registry law passed
[*434] by *the Legislature would not have affected the vote upon this in-
strument. It has been customary in every new State in this Union to
throw open the door and let all its voting inhabitants vote on the adoption
of the proposed Constitution. I believe that in Minnesota all who had
been ten days upon the soil were permitted to vote upon the adoption of
the Constitution of that State.

Again, my position with reference to this doctrine of negro suffrage is
well known by every member upon this floor. I am not satisfied that this
instrument should go to the people without the exclusion of the negro and
mulatto in terms unmistakably plain. Believing that principle to be right,
when I became a candidate for this position, I became pledged to myself
as well as to my constituents, to do everything in my power to provide
in future for the exclusion of free negroes by a clause in the Constitution
of the State of Kansas. I am satisfied also that that pledge was given by a
majority of members upon this floor. I believe that if it were not so, the
majority here would have been constituted of a different political faith.
But no provision has been made looking to their exclusion. The question
has not been submitted to the people. The majority here have been
afraid to trust the people: because it is well known, and cannot be denied,
that the people of this Territory are in favor of their exclusion.

There are a number of lesser objections — objections that I might urge
against voting for this instrument, but which might not preclude or pre-
vent me from signing it. Those I will pass over.

There is one other provision — one which being retained in the instru-
ment narrows greatly the chances of its success before the people — and that
is the article upon Apportionment. Based upon no correct principle what-
ever— upon no principle adopted by any State from Maine to California-
it is apparent upon its face, that its purpose is to carry the Territory into
the hands of the Republican party — to answer the demands of the political
party in the majority upon this floor.

Mr. President, with its features so colored and distorted, I cannot either
vote for or sign this instrument. I sincerely regret this, sir, because I have
labored since the moment I came here to the present hour, arduously and
earnestly from morning till night, to endeavor to make this Constitution an
instrument calculated to promote the well being of the people of Kansas,
and such an one as would secure their endorsement and our admission into
the Union. I would be willing to waive my personal objection to it, if
but two changes could be made — and I went with some of my friends here
to the majority and told them as much. We urged the changes, because
of our desire to throw off our present form of government and gain ad-
mission into the Union. We wanted a Constitution that we could sign —
one that would receive the endorsement of the people and secure our
admission into the Union. We earnestly desired those two provisions: to
submit to the people of Kansas the question of negro exclusion; and an
apportionment based upon population — the only true basis of apportion-
ment for representative purposes. This was denied us. The two-thirds
rule was applied. And no attempt to amend after that could have been
successful. I regret, therefore, Mr. President, the circumstances which
compel me thus to act. And I felt that it was necessary, perhaps, in justi-
fication of mvself, to say what I have now said.

Mr. Thacher. Mr. President, the event fore-shadowed from the com-

568 Convention Proceedings and Debates.

mencement of the session is now fully revealed. The small minority of this
Convention and of the people of Kansas are to oppose this Constitution.
For this extraordinary course extraordinary reasons are given, such as I
am unwilling to see go upon the record unanswered.

It is said that this Constitution must be opposed because it does not
extend the elective franchise to IncUans. This comes from those who have
[*435] filled the air with cries for a "white *State" — who have charged
upon their opponents all sorts of color afjlUrt'on, and who have resolved
time and again that the white race is superior to any other. Do gentle-
men mean to say that the Osages, Kiowas and Kaws are their equals, and
therefore entitled to the suffrage right? In what do these savage tribes
excel their dark-skinned brothers, against whom the minority of this Con-
vention cherish such malignant hatred? Moreover, when this question of
Indian suffrage has been mooted we have invariably proposed to the
minority to extend the voting privilege to all persons "citizens of other sis-
ter States," whenever their residence here was sufficient; and we would
make this elective franchise as broad as they desired. This act of courtesy
to our sister States these gentlemen invariably refused. The truth is these
bands of Indians are under the control of the resident Indian agents, who
are offensively Administration partisans, and who can march red men up to
the polls hke so many herds. On this account this matter is pressed; and
because of this the minority act with gross inconsistency in hunting down
with ferocious cruelty the mulatto, and then fondle and hug to their
bosoms the Indian. If this climax of either wrong or selfish folly is grate-
ful to the minority, they are welcome to it.

So far as the apportionment is concerned, let me narrate the history of
that matter. I was a member of the apportionment committee, and there-
fore speak advisedly. The committee procured, as far as possible, from
different delegates, the voting population of their respective counties.
Upon these representations we based the apportionment, gi\'ing. however,
to each organized county one representative.- To this the Democratic
members of the committee agreed, save McDowell of Leavenworth; who,
though notified several times, did not meet with the committee. When the
committee report was made, it was met with a storm of indignation and
wrath by the minority, and on their urgent plea it was sent back to the
committee. Again the committee met — the four Democratic members
being present. i\^r. Graham of Atchison — a true man he is too — proposed
to the minority that, as it was impossible to get the census returns so as
to base the apportionment upon the exact figures, the committee should
recommend to the Convention to appoint three commissioners, whose duty
it should be to procure from the counties the census returns, and upon them
make the apportionment, giving first to each organized county one Repre-
sentative. This eminently fair proposition was persistently resisted by the
minority, and so was not passed. We then made another apportionment,
varjnng' the first somewhat. By this last ten and one-half Senators were
given north of the Kansas river. Col. Slough had just said to the com-
mittee, if you will give ten Senators north of the Kansas, we will be satis-
fied. But the minority of the committee would not asree to anything,
making one recall our Saviour's description of the "children in the market
place." The apportionment passed by the Convention, was agreed upon
in the committee, and was adopted here while I was sick and absent. The
apportionment report made by the minority exceeds, however, in unfair-
ness both as to the population and arrangement, by a hundred foM any
report ever presented to this Convention by the majority of the com-
mittee. There is not a single feature of fairness in that entire report. In

Friday,, July 29, 1859. 569

some instances it requires two thousand Republican voters for a Senator,
while in others twenty-five Administration votes are deemed sufficient for
the same purpose. For the truth of these general statements I appeal to
every gentleman cognizant of the facts. The apportionment which finally
passed, it is not claimed is not fair so far as population is concerned.

Mr. Slough. The gentleman is mistaken in the premises. We object to
the apportionment not only for the reasons indicated by him, but because
it is unfair, it is not based upon the returns of population, under the rule.

Mr. Thacher. Mr. President, I think I have already clearly answered
[*436] that point. The mi*nority refused to agree to the appointment of
commissioners, who should base the apportionment upon the exact census
returns.

The Registry law is complained of. Of that I only answer that none
can truly carp at that law who do not wish to profit by illegal voting.
1 can well conceive how gentlemen who have seen the glories of Kickapoo,
Oxford, Delaware and ]\IcGee returns, and profited thereby, may desire a
return of those golden days of easy elections. But every man desiring
to see true and honest elections will hail with joy the Registry law. Fraudu-
lent voting has been the curse of Kansas. Do gentlemen desire a return
of those days?

One more objection is urged. The Constitution does not submit to the
people the question of the exclusion of colored persons. Neither did the
Lecompton Constitution, that was framed by rabid pro-slavery Demo-
crats. Besides this the minority of this Convention have never, in any
form, submitted a proposition of that kind to this Convention. On the
contrary, when asked to do so by Republican delegates, who were favorable
to the submission of that question to the people, they invariably flatly
ref'used. You did not want that question left to the people, and the ob-
jection at this stage of our proceeding comes with very ill grace.

But now, while I have the floor, I may be permitted to submit some
general remarks concerning the instrument we have framed.

One of the most important deliberative bodies ever assembled in Kansas
is about to close its labors. The Constitution it presents to the world
is confessed, by one who opposes it out of political considerations, to be a
model one. For terseness of expression and vigor of general outline, I
believe it to be unexcelled by that of any State in this Union.

This Constitution has come through a fiery debate. Every line almost
has been subjected to the scorch of hiah-wrought argument. (And right
here, allow me, parenthetically, to remark, that if in the fevor of de-
bate I may have dropped language offensive to any gentleman, I am
truly sorry; for though the ideas expressed must stand, the garb which
clothed them may have been not well chosen. I do not desire to wound
any gentleman's feelings, and as I cherish no unkind remembrances for the
many hard words uttered against myself, so I trust no one will deny to me
the same oblivion of memory.)

Mr. President, I believe this Constitution to be one that will be clasped
to the hearts of the people, and under it Kansas will glide to an enviable
position with the sister States.

It has been the aim of the majority of this body to make this Consti-
tution the draft, the outline of great civil truths and rights, leaving out, as
far as possible, special legislation. The old Latin maxim has been juir-
sued: — Fontes expetere, fortius quam rivulos sectari. Seek out cardinal
principles, passing by mere details. There is scarce a feature of the Con-
.>*titution but what will command the homage of all good men. And

570 Convention Proceedings and Debates.

although we have had some warm work in elaborating and completing it,
yet it is and shall be:

"Like some tall cliff that lifts its awful form,
Swells above the vale and midway meets the storm,
Around its bosom howling tempests spread.
Eternal sunshine settles on its head."

Such will be the popular verdict. But, sir, the feature which most
endears this Constitution to my heart, and which will commend it most
to the true and good everywhere, is that through every Une and syllable
there glows the generous sunshine of liberty. No repulsive allusion, no
wicked prejudice, no ignorant and heathenish distinction mars its beauty
or disfigures its fair symmetry.

Upon this Constitution we meet our opponents upon the popular arena.
It is a better, a nobler issue than even the old Free State issue. They
have thrown down the gauntlet, we joyfully take it up. The members
of this Convention have richly earned the love and gratitude of their
constituents. They have perfected a work that will be enduring. With-
[*437] *out much egotism they may say of their labors, with the Au-
gustan poet:

"Exegi monumentum aere perennins, non omnis moriar."

It will prove more lasting than brass, and its framers shall ever enjoy
an enviable fame.

We part, sir, from this hall, having discharged our arduous duty. Let
us part as friends, transferring the discussion and the analysis of our work
to those for whom it has been wrought.

Mr. Slough. Mr. President, as quite a number of members are not
advised of the fact that the Constitution is being adopted, I ask for a
call of the House.

The President. The Clerk will call the roll.

The roll was called, and the following members answered to their names :

Messrs. Arthur, Burnett, Blunt, Barton, Burris, J. Blood, N. C. Blood,
Crocker, Button, Foster, Forman, Graham, Greer, Griffith, Hippie, Hutch-
inson, Hanway, Hoffman, Houston, Ingalls, Kingman, Lillie, Lamb, Middle-
ton, May, Moore, McDowell, McCune, McClelland, McCuUough, Preston,
Palmer, Parks, Porter, Ritchie, Ross, Signor, Slough, Stinson, Stiarwalt,
Stokes, Simpson, Thacher, Townsend, Wrigley, Williams, Mr. President

18.1

Mr. Slough. Mr. President, I move that all further proceedings in the
call be dispensed with.

The motion was agreed to.

The yeas and nays were demanded upon the adoption of Mr. Hutchin-
son's resolution adopting the Constitution as a whole, and being ordered
and taken, resulted — yeas 34, nays 13 — as follows:

Yeas — Messrs. Arthur, Burnett, Blunt, Burris, J. Blood, N. C. Blood,
Crocker, Dutton, Graham, Greer, Griffith, Hutchinson, Hanway, Hoffman,
Houston, Ingalls, Kingman, Lillie, Lamb, Middleton, May, McCullough,
Preston, Palmer, Porter, Ritchie, Ross, Signor, Stokes, Simpson, Thacher,
Townsend, Williams, Mr. President — 34.

' NoTK. — Evidently a miscount as only 47 delegates responded to the "call," and 47 voted
upon the roll call recorded immediately after. The five absentees were: Brown (Leaven-
worth), Hubbard (Doniphan), Perry (Leavenworth), John Wright (Leavenworth), and
T. S. Wright (Nemaha). The last-named delegate was a Republican, absent on sick-leave;
the others were Democrats.

Friday, July 29, 1859. 571

' Nays — Messrs. Barton, Foster, Forman, Hippie, Moore, McDowell, Mc-
Cune, McClelland, Parks, Slough, Stinson, Stiarwalt, Wrigley — 13.

So the Constitution, as a whole, was adopted.

Mr. Stinson. Mr. President, I rise to a point of order. Does it not
require a two-thirds vote to carry the Constitution?

The President. The Chair is not aware of any such order. If the
gentleman knows of any such rule he may present authorities to the Chair.
The Chair will state that the Secretary has ^one after the attesting clause
of the Constitution, for members to sign, and will be back presently.

PERSONAL explanation.

Mr. Stinson. Mr. President, will it be in order to rise to a question of
privilege.

The President. The Chair would think so.

Mr. Stinson. I regret that during the remarks of Mr. Thacher I was
absent from the hall; and regarding as I do the unfortunate occurrence of
yesterday, I desire to enquire of him whether any charges which affected
the character of myself and colleague were by him withdrawn.

Mr. Thacher. I stated on yesterday that I made no charges; I merely
argued from the evidence and facts already before us. The argument and
the facts remain as they were. If the gentleman understood me to make a
charge, he is mistaken; I stated so then, and I don't see how a misunder-
standing can be kept up.

THE signature.

The President. The Chair would state that it is very nearly dark, and
we will be under the necessity of concluding very soon or of lighting
candles. The districts of the Territory will be called and the names of
delegates from the districts as they appear on the list; and as the names
of members are called, they will proceed to the clerk's table and affix
their names to the Constitution.

The names of the delegation from the Leavenworth district were first
called.

None of them coming forward, the President enquired if no one of the
members from Leavenworth desired to sign the Constitution?

[*438] *Mr. Slough, Mr. Stinson, and others answered "No."

The names of the Atchison delegation were called.

Mr. May. I will sign it, but I very much regret that a negro-exclusion
clause has not been submitted to the people: I believe it will be quite to
our disadvantage.

THE enrolled COPY.

Mr. Thacher offered the following resolution:

"Resolved, That the President and Secretary of the Convention, and the
chairman of the committee on Phraseology and Arrangement be instructed
to see that the enrolled copy of the Constitution correspond with the copy
as passed by the Convention this morning."

The resolution was adopted.

Mr. Thacher. I don't know but there should be pay given to the
chairman of the committee on Phraseology for such time as he may devote
to carrying out the resolution just passed.

572 Convention Proceedings and Debates.

extra compensation op journal clerk.

Mr. BuRRis. I move to amend by adding that three days additional pay
be allowed the journal clerk. I understand it will take two or three days
to finish the journal copy.

The motion was agreed to.

THE JOURNAL OF TO-DAY.

The President. The Chair would state that the minutes of the day
have not been read.

Mr. Stinson. I move that the reading be dispensed with.

Mr. BuRRis. I move the journal be 'read.

The latter motion was agreed to.

The journal of to-day was then read.

Mr. BuRRis. I would suggest the propriety of filling up the blank in
the substitute I offered to the resolution of the gentleman from Madison
(Mr. Lillie) by inserting the words: "29th day of July."

Mr. Hutchinson. Mr. President, the resolution offered by the gentle-
man from Doniphan (Mr. Stiarwalt) providing for the printing of one
thousand copies of the Proceedings and Debates, does not appear upon the
journal.

The President. It was modified to read "one hundred," and then
adopted.

thanks.

Mr. BuRRis. Mr. President, I would like to have the resolution read
tendering thanks to the chief clerk and his assistants; I think there is a
mistake there. (The resolution was read.) I desire to offer the following
additional resolution :

"Resolved, That the thanks of this Convention be tendered to the Hon.
E. S. Nash, Journal Clerk of this Convention, for the prompt and efficient
manner in which he has performed the duties of his office."

The resolution was adopted.

the president's CHAIR.

Mr. Crocker. Mr. President, I beg leave to offer the following resolu-
tion:

"Resolved, That as a testimonial of respect to the President, the members
of this Convention present him the Chair he has so ably filled."

The resolution was adopted.

Mr. Ritchie. Mr. President, I move that we do now adjourn sine die.

CERTIFICATES OF SERVICE — PAY.

Mr. McClelland. 1 hope the gentleman will withdraw so that gentle-
men may have their names called, and that the delegates may go forward
and receive their scrip.

Mr. Ritchie. I withdraw.

Mr. McClelland. 1 now make that motion, Mr. President.

The motion was agreed to: and as their names were called members
and officers of the Convention went forward and received their scrip.

REPORTERS.

Mr. Stinson offered the following:

"Resolved, That the thanks of this Convention are due and are hereby
tendered to Messrs. Ariel and W. H. Drapier, for the full and complete

Friday, July 29, 1859. 573

[*439J report which they have given of *the Proceedings and Debates
of this Convention."

The resokition was adopted.

Mr. J. Blood. Mr. President, there are some members of the Conven-
tion who are not present to sign the Constitution. 1 move that any mem-
ber of the Convention be allowed to sign the Constitution any time within
thirty days.

The motion was agreed to.

Mr. J. Blood. Mr. President, I now move that we adjourn sine die.

The motion was agreed to.

The President. The ayes have it, and the Convention is adjourned.
I now declare this Convention adjourned sine die.

THE CONSTITUTION.

The Constitution thus formally completed, verified and signed, is in the
following form:

CONSTITUTION

OF THE

STATE OF KANSAS;

Adopted at Wyandot, July 29, '59.

ORDINANCE.

Whereas, the Government of the United States is the proprietor of a
large portion of the Lands included in the limits of the State of Kansas a^
defined by this Constitution ; and whereas the State of Kansas will possess
the right to tax said lands for purposes of government, and for other pur-
poses; Now, therefore, be it ordained by the people of Kansas, that the
right of the State of Kansas to tax such lands, is relinquished forever, and
the State of Kansas will not interfere with the title of the United States
to such lands, nor with any regulation of Congress in relation thereto, nor
tax non-residents higher than residents; Provided always, That the follow-
ing conditions be agreed to by Congress:

Section 1. Sections numbered sixteen and thirty-six in each township in
the State, including Indian reservations and Trust lands, shall be granted
to the State for the exclusive use of Common Schools; and when either of
said sections, or any part thereof, has been disposed of, other lands of equal
value, as nearly contiguous thereto as possible, shall be substituted
therefor.

Sec. 2. That seventy-two sections of land shall be granted to the State
for the erection and maintenance of a State University.

Sec. 3. That thirty-six sections shall be granted to the State for the
erection of public buildings.

Sec. 4. That seventy-two sections shall be granted to the State for the
erection and maintenance of charitable and benevolent institutions.

Sec. 5. That all salt springs, not exceeding twelve in number, with six
sections of land adjacent to each, together with all mines, with the lands
necessary for their full use, shall be granted to the State for works of
public improvement.

Sec. 6. That five per centum of the proceeds of the pubUc lands in Kan-
.sas, disposed of after the admission of the State into the Union, shall be
paid to the State for a fund, the income of which shall be used for the sup-
port of Common Schools.

Sec. 7. That the Five Hundred Thousand acres of land to which the
State is entitled under the Act of Congress entitled "An Act to appropriate
the proceeds of the sales of public lands and grant pre-emption rights,"
approved September 4th, 1841, shall be granted to the State for the sup-
port of Common Schools.

* In the edition of 1859 the paging at this point reverts to number one.

(574)

Constitution Adopted July 29, 1859. 575

Sec. 8. That the lands hereinbefore mentioned shall be selected in such
manner as may be prescribed by law; such selections to be subject to the
approval of the Commissioner of the General Land Office of the United
States.

PREAMBLE.

We, the people of Kansas, grateful to Almighty God for our civil and
religious privileges, in order to insure the full enjoyment of our rights as
American citizens, do ordain and establish this constitution of the State
of Kansas, with the following boundaries, to-wit: Beginning at a point
on the western boundary of the State of Missouri, where the thirty-
seventh parallel of north latitude crosses the same; thence nmning west
on said parallel to the twenty-fifth meridian of longitude west from
Washington; thence north on said meridian to the fortieth parallel of
north latitude: thence east on said parallel to the western boundary of
the State of Missouri; thence south with the western boundary of said
State to the place of beginning.

[*2] "BILL OF RIGHTS.

Section 1. All men are possessed of equal and inalienable natural rights,
among which are life, liberty, and the pursuit of happiness.

Sec. 2. All political power is inherent in the people, and all free govern-
ments are founded on their authority, and are instituted for their equal
protection and benefit. No special privileges or immunities shall ever be
granted by the Legislature, which may not be altered, revoked or repealed
by the same body; and this power shall be exercised by no other tribunal
or agency.

Sec. 3. The people have the right to assemble, in a peaceable manner,
to consult for their common good, to instruct their representatives, and to
petition the government, or any department thereof, for the redress of
grievances.

Sec. 4. The people have the right to bear arms for their defence and
security; but standing armies, in time of peace, are dangerous to liberty,
and shall not be tolerated, and the military shall be in strict subordination
to the civdl power.

Sec. 5. The right of trial by jury shall be in\dolate.

Sec. 6. There shall be no slavery in this State; and no involuntarj'
servitude, except for the punishment of crime, whereof the party shall have
been duly convicted.

Sec. 7. The right to worship God according to the dictates of con-
science shall never be infringed; nor shall any person be compelled to
attend or support any form of worship; nor shall any control of, or in-
terference with the rights of conscience be permitted, nor any preference
be given by law, to any religious establishment or mode of worship. No
religious test or property qualification shall be required for any office of
public trust, nor for any vote at any election, nor shall any person be
incompetent to testify on account of religious belief.

Sec. 8. The right to the writ of habeas corpus shall not be suspended,
imless the public safety requires it in case of invasion or rebellion.

Sec. 9. All persons shall be bailable by sufficient sureties except for
capital offences, where proof is evident or the presumption great. Exces-
sive bail shall not be required, nor excessive fines imposed, nor cruel or
unusual punishment infficted.

576 Convention Proceedings and Debates.

Sec. 10. In all prosecutions, the accused shall be allowed to appear and
defend in person, or by counsel; to demand the nature and cause of the
accusation against him; to meet the witness face to face, and to have
compulsory process to compel the attendance of witnesses in his behalf, and
a speedy public trial by an impartial jury of the county or district in
which the offence is alleged to have been committed. No person shall be
a witness against himself, or be twice put in jeopardy for the same offence.

Sec. 11. The liberty of the press shall be inviolate: and all persons
may freely speak, write or publish their sentiments on all subjects, being
responsible for the abuse of such right; and in all civil or criminal actions
for libel, the truth may be given in evidence to the jury, and if it shall
appear that the alleged libelous matter was published for justifiable ends,
the accused party shall be acquitted.

Sec. 12. No person shall be transported from the State for any offence
committed within the same, and no conviction in the Stat€ shall work a
corruption of blood or forfeiture of estate.

Sec. 13. Treason shall consist only in levying war against the State,
adhering to its enemies, or giving them aid and comfort. No person shall
be convicted of treason unless on the evidence of two witnesses to the
overt act, or confession in open court.

Sec. 14. No soldier shall, in time of peace, be quartered in any house
without the consent of the occupant, nor in time of w'ar, except as pre-
scribed by law.

Sec. 15. The right of the people to be secure in their persons and
[*3] property against unreasonable searches and seiz^ures, shall be in-
violate; and no warrant shall issue but on probable cause, supported by
oath or affirmation, particularly describing the place to be searched and
the persons or property to be seized.

Sec. 16. No person shall be imprisoned for debt except in cases of
fraud.

Sec. 17. No distinction shall ever be made between citizens and aliens
in reference to the purchase, enjoyment or descent of property.

Sec. 18. All persons, for injuries suffered in person, reputation or
property, shall have remedy by due course of law, and justice adminis-
tered without delay.

Sec. 19. No hereditary emoluments, honors, or privileges shall ever be
granted or conferred by the State.

Sec. 20. This enumeration of rights shall not be construed to impair
or deny others retained by the people; and all powers not herein dele-
gated remain with the people.

ARTICLE I.

executive.

Section 1. The Executive Department shall consist of a Governor,
Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney
General, and Superintendent of Public Instruction; who shall be chosen
by the electors of the State at the time and place of voting for members
of the Legislature, and shall hold their offices for the term of two years
from the second Monday of January, next after their election, and until
their successors are elected and qualified.

Sec. 2. Until otherwise provided by law, an abstract of the returns
of every election, for the oflicers named in the foregoing section, shall be

Constitution Adopted July 29, hSoU. 577

sealed up and transmitted by the Clerks of the Boards of Canvassers of
the several Counties, to the Secretary of State, who, with the Lieutenant
Governor and Attorney General, shall constitute a board of State Can-
vassers, whose duty it shall be to meet at the State Capital on the second
Tuesday of December succeeding each election for State Officers and can-
vass the vote for such officers and proclaim the result ; but in case any two
or more have an equal and the highest number of votes, the Legislature
shall by joint ballot choose one of said persons so having an equal and
the highest number of votes for said office.

Sec. 3. The supreme executive power of the State shall be vested in a
Governor, who shall see that the laws are faithfully executed.

Sec. 4. He may require information in writing from the officers of the
executive department, upon any subject relating to their respective duties.

Sec. 5. He may, on extraordinary occasions, convene the Legislature by
proclamation, and shall, at the commencement of every session, communi-
cate in writing such information as he may possess in reference to the con-
dition of the State, and recommend such measures as he may deem ex-
pedient.

Sec. 6. In case of disagreement between the two houses in respect to the
time of adjournment, he may adjourn the Legislature to such time as he
may think proper, not beyond its regular meeting.

Sec. 7. The pardoning power shall be vested in the Governor, under
regulations and restrictions prescribed by law.

Sec. S. There shall be a seal of the State, which shall be kept by the
Governor, and used by' him officially; and which shall be the great seal of
Kansas.

Sec. 9. All conmaissions shall be issued in the name of the State of
Kansas; signed by the Governor, countersigned by the Secretary of State,
and sealed with the Great Seal.

Sec. 10. No member of Congress, or officer of the State or of the United
[*4] States, *shall hold the office of Governor, except as herein provided.

Sec. n. In case of the death, impeachment, resignation, removal or other
(Usability of the Governor, the power and duties of the office for the residue
of the term, or until the disability shall be removed, shall devolve upon the
President of the Senate.

Sec. 12. The Lieutenant Go^'ernor shall be President of the Senate, and
shall vote only when the Senate is equally divided. The Senate shall
choose a President pro tempore, to preside in case of his absence or im-
peachment, or when he shall hold the office of Governor.

Sec. 13. If the Lieutenant Governor, while holding the office of Gov-
ernor, shall be impeached or displaced, or shall resign or die, or otherwise
become incapable of performing the duties of the office, the President of
the Senate shall act as Governor until the vacancy is filled, or the dis-
ability removed; and if the President of the Senate, for any of the above
causes, shall be rendered incapable of performing the duties pertaining to
the office of Governor, the same shall devolve upon the Speaker of the
House of Representatives.

Sec. 14. Should either the Secretary of State, Auditor, Treasurer, At-
torney General, or Superintendent of Public Instruction, become incapable
of performing the duties of his office for any of the causes specified in the
thirteenth section of this Article, the Governor shall fill the vacancy imtil
the disability is removed, or a successor is elected and qualified. Ever\'

37 — 778

578 Convention Proceedings and Debates.

such vacancy shall be filled by election, at the first general election that
occurs more than thirty days after it shall have happened; and the person
chosen shall hold the office for the unexpired term.

Sec. 15. The officers mentioned in this article shall, at stated times,
receive for their services a compensation to be established by law, which
shall neither be increased nor diminished during the period for which they
shall have been elected.

Sec. 16. The officers of the executive department, and of all pubHc State
institutions, shall, at least ten days preceding each regular session of the
Legislature, severally report to the Governor who shall transmit such
reports to the Legislature.

ARTICLE n.

legislative.

Section 1. The Legislative power of this State shall be vested in a
House of Representatives and Senate.

Sec. 2. The first House of Representatives under this Constitution shall
consist of seventj'-five members, who shall be chosen for one year. The
first Senate shall consist of twenty-five members, who shall be chosen for
two years. After the first election, the number of Senators and members
of the House of Representatives shall be regulated by law ; but shall never
exceed one hundred Representatives and thirty-three Senators.

Sec. 3. The members of the Legislature shall receive as compensation
for their services the sum of three dollars for each day's actual service at
any regular or special session, and fifteen cents for each mile traveled by
the usu.al route in going to and returning from the place of meeting; but
such compensation shall not in the aggregate exceed the sum of two
hundred and forty dollars for each member as per diem allowance for the
first session held under this Constitution, nor more than one hundred and
fifty dollars for each session thereafter, nor more than ninety dollars for
any special session.

Sec. 4. No person shall be a member of the Legislature who is not at the
time of his election a qualified voter of, and a resident in, the county or
district for which he is elected.

[*5] *Sec. 5. No member of Congress or officer of the United States
shall be eligible to a seat in the Legislature. If any person after his election
to the Legislature, be elected to Congress or elected or appointed to any
office under the United States, his acceptance thereof shall vacate his seat.

Sec. 6. No person convicted of embezzlement or misuse of the public
funds shall have a seat in the Legislature.

Sec. 7. All State officers before entering upon their respective duties,
shall take and subscribe an oath or affirmation to support the Constitution
of the United States and the Constitution of this State, and faithfully to
discharge the duties of their respective offices.

Sec. S. a majority of each House shall constitute a quorum. Each
House shall establish its own rules; and shall be judge of the elections, re-
turns and qualifications of its own members.

Sec. 9. All vacancies occurring in either House shall be filled for the
unexpired term by election.

Sec. 10. Each House shall keep and publish a journal of its proceedings.
The yeas and nays shall be taken and entered immediately on the jo"rnaI,
upon the filial passage of every bill or joint resolution. Neither House,

Constitution Adopted July 29, 1859. 579

without the consent of the other, shall adjourn for more than two days,
Sundays excepted.

Sec. U. Any member of either House shall have the right to protest
against any act or resolution; and such protest shall, without delay or
alteration, be entered on the journal.

Sec, 12. All bills shall originate in the House of Representatives, and be
subject to amendment or rejection by the Senate.

Sec. 13. A majority of all the members elected to each House, voting in
the affirmative, shall be necessary to pass any bill or joint resolution.

Sec. 14. Every bill and joint resolution passed by the House of Repre-
sentatives and Senate, shall, within two days thereafter, be signed by the
presiding officers, and presented to the Governor; if he approve, he shall
sign it; but if not, he shall return it to the House of Representatives, which
shall enter the objections at large upon its journal and proceed to re-
consider the same. If, after such reconsideration, two-thirds of the mem-
bers elected shall agree to pass the bill or resolution, it shall be sent, with
the objections, to the Senate, by which it shall likewise be reconsidered ; and
if approved by two-thirds of all the members elected, it shall become a law.
But in all such cases, the vote shall be taken by yeas and nays, and entered
upon the journals of each House. If any bill shall not be returned w thin
three days, (Sundays excepted,) after it shall have been presented to the
Governor, it shall become a law in like manner as if he had signed it, unless
the Legislature, by its adjournment, prevent its return, in which case it
shall not become a law.

Sec. 15. Every bill shall be read on three separate days in each House,
unless in case of emergency. Two-thirds of the House where such bill is
pending may, if deemed expedient, suspend the rules; but the reading of
the bill by sections, on its final passage, shall in no case be dispensed with.

Sec. 16. No bill shall contain more than one subject, which shall be
clearly expressed in its title, and no law shall be revived or amended, unless
the new act contain the entire act revived, or the section or sections
amended, and the section or sections so amended shall be repealed

Sec. 17. All laws of a general nature shall have a uniform operation
throughout the State; and in all cases where a general law can be made
applicable, no special law shall be enacted.

[*6] *Sec. 18. All power to grant divorces, is vested in the District
Courts, subject to regulation by law.

Sec. 19. The Legislature shall prescribe the time when its acts shall be in
force, and shall provide for the speedy pubhcation of the same; and no
law of a general nature, shall be in force until the same be published. It
shall have the power to provide for the election or appointment of all
officers, and the filling of all vacancies not otherwise provided for in this
Constitution.

Sec. 20. The enacting clause of all laws shall be "Be it enacted by the
Leerisiature of the State of Kansas;" and no law shall be enacted except
by bill.

Sec. 21. The Legislature may confer upon tribunals transacting the
county business of the several counties, such powers of local legislation and
administration as it shall deem expedient.

Sec. 22. For any speech or debate in either House, the members shall not
be questioned elsewhere. No member of the Legislature shall be subiect to
arrest — except for felony or breach of the peace — in going to, or returning

580 Convention Proceedings and Debates.

from, the place of meeting, or during the continuance of the session;
neither shall he be subject to the service of any civil process during the
session, nor for fifteen days previous to its commencement.

Sec. 23. The Legislature, in proAiding for the formation and regulation
of schools, shall make no distinction between the rights of males and
females.

Sec. 24. Xo money shall be drawn from the treasury, except in pur-
suance of a specific appropriation made by law; and no appropriation
shall be for a longer term than one year.

Sec. 25. All sessions of the Legislature shall be held at the State Capital,
and all regular sessions shall commence annually on the second Tuesday of
.January.

Sec. 26. The Legislature shall provide for taking an enumeration of the
inhabitants of the State at least once in ten years. The first enumeration
shall be taken in a. d. 1865.

Sec. 27. The House of Representatives shall ha\e the sole power to im-
peach. All impeachments shall be tried by the Senate; and when sitting
for that purpose, the Senators shall take an oath to do justice according
to the law and the evidence. No person shall be convicted without the
concurrence of two-thirds of the Senators elected.

Sec. 28. The Governor and all other officers under this Constitution,
shall be subject to impeachment for any misdemeanor in office; but judg-
ment in all such cases shall not be extended further than to removal from
office and disqualification to hold any oflfice of profit, honor or trust under
this Constitution; but the party, whether acquitted or convicted, shall be
liable to indictment, trial, judgment and punishment, according to law.

ARTICLE in.

judici.-vl.

Section 1. The Judicial power of this State shall be \ested in a supreme
court, district courts, probate courts, justices of the peace, and such other
courts, inferior to the supreme court, as may be provided by law; and all
courts of record shall have a seal to be used in the authentication of all
process.

Sec. 2. The Supreme Court shall consist of one chief justice and two
associate justices (a majority of whom shall constitute a quorum), who
shall be elected by the electors of the State at large, and whose term of
office, after the first, shall be six years. At the first election, a chief justice
shall be chosen for six years, one associate justice for four years, and one
for two years.

[*7] *Sec. 3. The supreme court shall have original jurisdiction in pro-
cpedings in quo warranto, mandamus, and habeas corpus; and such ap-
pellate jurisdiction as may be provided by law. It shall hold one term
each year at the seat of government and such other terms at such places
as may be provided by law, and its jiirisdiction shall be co-extensive with
the State.

Sec. 4. There shall be appointed, by the justices of the supreme court,
a reporter and clerk of said court, who shall hold thei-r offices two years, and
whose duties shall be prescribed by law.

Sec. 5. The State shall be divided into five judicial districts, in each of
which there shall be elected, by the electors thereof, a district judge, who

CoNSTiTiTioN Adoptkd Jui.y 29, 185!t. 581

shall hold his office for the term of four years. District courts shall be held
at such times and places as may be provided by law.

Sec. 6. The district courts shall have such jurisdiction in their respective
districts as may be provided by law.

Sec. 7. There shall be elected in each organized county, a clerk of the
district court, who shall hold his office two years, and whose duties shall be
prescribed by law.

Sec. S. There shall be a })robate court in each county, which shall be a
court of record, and have such probate jurisdiction and care of estates of
deceased persons, minors, and persons of unsound minds, as may be pre-
scribed by law; and shall have jurisdiction in cases, of habeas corpus. This
court shall consist of one judge, who shall be elected by the qualified voters
of the county and hold his office two years. He shall be his own clerk, and
shall hold court at such times and receive for compensation such fees as may
be prescribed by law.

Sec. 9. Two justices of the peace shall be elected in each township,
whose term of office shall be two years, and whose powers and duties shall
be prescribed by law. The number of justices of the peace may be in-
creased in any township by law.

Sec. 10. All appeals from probate courts and justices of the peace shall
be to the district court.

Sec. 11. All the judicial officers provided for by this article shall be
elected at the first election under this constitution, and shall reside in their
respective townships, counties or districts during their respective terms of
office. In case of vacancy in any judicial office, it shall be filled by appoint-
ment of the governor until the next regular election that shall occur more
than thirty days after such vacancy shall have happened.

Sec. 12. All judicial officers shall hold their offices until their successors
shall have qualified.

Sec. 13. The justices of the supreme court and judges of the district
courts shall, at stated times, receive for their services such compensation as
may be provided by law, which shall not be increased during their respec-
tive terras of office: Provided, Such compensation shall not be less than
fifteen hundred dollars to each justice or judge, each year, and such
justices or judges shall receive no fees or perquisites nor hold any other
office of profit or trust under the authority of the State, or the United
States, during the term of office for which such justices and judges shall be
elected, nor practice law in any of the courts in the State during their con-
tinuance in office.

Sec. 14. Provision may be made by law for the increase of the number of
judicial districts whenever two-thirds of the members of each house shall
concur. Such districts shall be formed of compact territory and bounded
by county lines, and such increase shall not vacate the office of any judge.

Sec. 15. Justices of the supreme court and judges of the district courts
may t3e removed from office by resolution of both houses, if two-thirds of the
members of each house concur. But no such removal shall be made except
upon complaint, the substance of which shall be entered upon the journal,
1*8] nor until the party charged *shall have had notice and opportunity
to be heard.

Sec. 16. The several justices and judges of the courts of record in this
State shall ha^•e such jurisdiction at chambers as may be provided by law.

Sec. 17. The style of all process shall be "The State of Kansas," and all
prosecutions shall be carried on in the name of the State.

682 Convention Proceedings and Debates.

Sec. 18. Until otherwise provided by law, the first district shall consist
of the counties of Wyandot, Leavenworth, Jefferson and Jackson. The
second district shall consist of the counties of Atchison, Doniphan, Brown,
Nemaha, Marshall and Washington. The third district shall consist of the
counties of Pottawatomie, Riley, Clay, Dickinson, Davis, Waubonsee and
Shawnee. The fourth district shall consist of the counties of Douglas,
Johnson, Lykins, Franklin, Anderson, Linn, Bourbon and Allen. The
fifth district shall consist of the counties of Osage, Coffey, Woodson, Green-
wood, Madison, Breckenridge, Morris, Chase, Butler and Hunter.

Sec. 19. New or unorganized counties shall, by law, be attached for
judicial purposes to the most convenient judicial district.

Sec. 20. Provision shall be made by law for the selection, by the bar, of
a pro tern, judge of the district court, when the judge is absent or other-
wise unable or disqualified to sit in any case.

ARTICLE IV.

elections.

Section 1. All elections by the people shall be by ballot, and all elec-
tions by the Legislature shall be viva voce.

Sec. 2. General elections shall be held annually on the Tuesday suc-
ceeding the first Monday in November. Township elections shall be held
on the first Tuesday in April, until otherwise provided by law.

ARTICLE V.

SUFFRAGE.

Section 1. Every white male person of twenty-one years and upwards
belonging to either of the foUowdng classes — who shall have resided in Kan-
sas si.x months next preceding any election, and in the township or ward in
which he offers to vote, at least thirty days next preceding such election —
shall be deemed a qualified elector.

1st, Citizens of the United States; 2d, persons of foreign birth who shall
have declared their intention to become citizens conformalDly to the laws of
the United States on the subject of naturalization.

Sec. 2. No person under guardianship, non compos mentis or insane,
shall be qualified to vote; nor any person convicted of treason or felony,
unless restored to civil rights.

Sec. 3. No soldier, seaman or marine in the army or navy of the United
States, or of their allies, shall be deemed to have acquired a residence in
the State in consequence of being stationed within the same; nor shall any
soldier, seaman or marine have the right to vote.

Sec. 4. The Legislature shall pass such laws as may be necessary for
ascertaining by proper proofs, the citizens who shall be entitled to the right
of suffrage hereby established.

Sec. 5. Every person who shall give or accept a challenge to fight a
duel, or who shall knowingly carry to another person such challenge, or
shall go out of the State to fight a duel, shall be ineligible to any office of
trust or profit.

Sec. 6. Every person who shall have given or offered a bribe to procure
his election, shall be disqualified from holding office during the term for
which he may have been elected.

Constitution Adopted July 29, 1859. 583

Sec. 7. Electors, during their attendance at elections, and in going to
[*9] and re*tnrning therefrom, shall be privileged from arrest in all cases
except treason, felony, or breach of the peace.

ARTICLE VI.

EDUCATION.

Section 1. The State Superintendent of Public Instruction shall have
the general supervision of the common school funds and educational inter-
est of the State, and perform such other duties as may be prescribed by law.
A Superintendent of Public Instruction shall be elected in each county,
whose term of office shall be two years, and whose duties and compensation
shall be prescribed by law.

Sec. 2. The Legislature shall encourage the promotion of intellectual,
moral, scientific and agricultural improvement, by establishing a uniform
system of common schools, and schools of a higher grade, embracing normal,
preparatory, collegiate and university departments.

Sec. 3. The proceeds of all lands that have been, or may be, granted by
the United States to the State, for the support of schools, and the five
hundred thousand acres of land granted to the new States, under an act of
Congress distributing the proceeds of public lands among the several States
of the Union, approved Sept. 4, a.d. 1841, and all estates of persons dying
without heir or will, and such per cent, as may be granted by Congress, on
the sale of lands in this State, shall be the common property of the State,
and shall be a perpetual school fund, which shall not be diminished, but
the interest of which, together with all the rents of the lands, and such
other means as the Legislature may provide, by tax or otherwise, shall be
in\dolably appropriated to the support of common schools.

Sec. 4. The income of the State school funds shall be disbursed annually,
by order of the State Superintendent, to the several county treasurers, and
thence to the treasurers of the several school districts, in equitable propor-
tion to the number of children and youth resident therein, between the ages
of five and twenty-one years: Provided, That no school district, in which a
common school has not been maintained at least three months in each year,
shall be entitled to receive any portion of such funds.

Sec. 5. The school lands shall not be sold unless such sale shall be
authori7ed by a vote of the people at a general election; but, subject to
revaluation every five years, they may be leased for any number of years
not exceeding twenty-five, at a rate established by law.

Sec. 6. All money which shall be paid by persons as an equivalent for
exemption from military duty; the clear proceeds of estrays, ownership of
which shall vest in the taker up; and the proceeds of fines for any breach
of the penal laws, shall be exclusively applied in the several counties in
which the money is paid or fines collected, to the support of common
schools.

Sec. 7. Pro\'ision shall be made by law for the establishment, at some
eligible and central point, of a State University, for the promotion of
Uterature, and the arts and sciences, including a Normal and an Agricul-
tural department. All funds arising from the sale or rents of lands granted
by the United States to the State for the support of a State University,
and all other grants, donations or bequests, either by the State or by
individuals, for such purpose, shall remain a perpetual fund, to be called
the "University Fund;" the interest of which shall be appropriated to the
support of the State University.

oS4 CoNVEXTiox Proceedings and Debates.

Sec. 8. No religious sect or sects shall ever control any part of the
common school or University funds of the State.

Sec. 9. The State Superintendent of Public Instruction, Secretary of
State and Attorney General shall constitute a board of Commissioners, for
the management and investment of the School Funds. Any two of said
Commissioners shall be a quorum.

j*10] ^ARTICLE VII.

PUBLIC IXSTIXrTIOXS.

Section 1. Institutions for the benefit of the insane, blind, and deaf
and dumb, and such other benevolent institutions as the pubhc good may
require, shall be fostered and supported by the State, subject to such regu-
lations as may be prescribed by law. Trustees of such benevolent institu-
tions as may be hereafter created, shall be appointed by the Governor, by
and with the advice and consent of the Senate; and upon all nominations
made by the Governor, the question shall be taken in yeas and nays, and
entered upon the journal.

Sec. 2. A Penitentiary shall be established, the directors of which shall
lie appointed or elected, as prescribed by law.

Sec. 3. The Governor shall fill any vacancy that may occur in the
offices aforesaid, until the next session of the Legislature, and until a
successor to his appointee, shall be confirmed and cjualified.

Sec. 4. The respective counties of the State shall provide, as may be
l)rescribed by law, for those inhabitants, who, by reason of age, infirmity,
or other misfortune, may have claims upon the sympathy and aid of
society.

ARTICLE Vni.
militia.

Section 1. The Militia shall be composed of all able-bodied white male
citizens between the ages of twenty-one and forty-five years, except such
;is are exempted by the laws of the United States, or of this State; but all
citizens, of any religious denomination whatever, who, from scruples of
conscience, may be averse to bearing arms, shall be exempted therefrom,
upon such conditions as may be prescribed by law.

Sec. 2. The Legislature shall provide for organizing, equipping and
disciplining the Militia in such manner as it shall deem expedient, not
incompatible with the laws of the United States.

Sec. 3. Officers of the Militia shall be elected or appointed, and com-
missioned in such manner as may be provided by law.

Sec. 4. The Governor shall be Commander in Chief, and shall have
power to call out the Militia to execute the laws, to siippress insurrection,
and to repel invasion.

ARTICLE IX.

COUNTY AND TOWNSHIP 0RGAN1Z.\TI0N .

Section 1. The Legislature shall provide for organizing new counties,
locating county seats, and changing county lines; but no county seat shall
be changed without the consent of a majority of the electors of the county;
nor any county organized, nor the lines of any county changed so as to
include an area of less than four hundred and thirty-two square miles.

CoNSTiTiTiON Adopted Jily 29, 1859. 585

Sec. 2. The Legislature shall provide for such countj- and township
officers as may be necessary.

Sec. 3. All countx- officers shall hold their offices for the term of two
years, and until their successors shall be qualified; but no person shall
hold the office of sheriff or county treasurer for more than two consecu-
tive terms.

Sec. 4. Township officers, except justices of the peace, shall hold their
offices one year from the Monday next succeeding their election, and until
their successors are qualified.

Sec. 5. All county and township officers may be removed from office,
in snr-h manner and for such cause, as shall be prescribed by law.

ARTICLE X.

.\PP0RTI0XMENT.

Section 1. In the future apportionment of the State, each organized
coimty shall have at least one Representative; and each county shall be
divided into as many Districts as it has Representatives.

Sec. 2. It shall be the dutj' of the first Legislature to make an appor-
tionment, based upon the census ordered by the last Legislative As-
sembly of the Territory; and a new Apportionment shall be made in the
[*11] *year 1866, and every five years thereafter, based upon the census
of the preceding year.

Sec. 3. Until there shall be a new apportionment, the State shall be
divided into Election districts; and the Representatives and Senators shall
be ap]>ortioned among the several district.s as follows, viz:

Keii. Sen.

1st Disi . Doniphan 4 2

2d ■' Atchison and Brown 6 2

3d ■■ Xemaha, Marshall & Washington 2 1

4th " Clay, Riley and Pottawatomie 4 1

.5th " Dickinson, Davis and Waubonsee 3 1

6th ■■ Shawnee, Jackson and Jefferson 8 2

7th '■ Leavenworth 9 3

8th '■ Douglas, Johnson and Wyandot 13 4

9th " Lykins, Linn and Bourbon 9 3

10th ■■ Allen, Anderson, and Frankhn 6 2

11th ■■ Wooclson and Madison 2 1

12th '■ Coffev, Osage & Breckenridge 6 2

13th •• Morris, Chase and Butler 2 1

14th •• Arrapahoe, Godfrey, Greenwood, Hun-
ter, Wilson, Dorn and McGee 1

ARTICLE XI.

finance and taxation.

Section 1 . The Legislature shall provide for a uniform and equal rate of
assessment and taxation; but all property used exclusively for State,
county, municipal, literary, educational, scientific, religious, benevolent and
charitable purposes, and personal property to the amount of at least two
hundred doUars for each family, shall be exempted from taxation.

Sec. 2. The Legislature shall provide for taxing the notes and bills
(hscounted or jiurchased, moneys loaned, and other property, effects, or
dues of every description, (without deduction) of all banks now existing.
or hereafter to be created, and of all tvnikers; so that all property em-

586 Convention Proceedings and Debates.

ployed in banking shall always bear a burden of taxation equal to that im-
posed upon the property of individuals.

Sec. 3. The Legislature shall provide, each year, for raising revenue
sufficient to defray the current expenses of the State.

Sec. 4. No tax shall be levied except in pursuance of a law, which shall
distinctly state the object of the same; to which object only such tax shall
be applied.

Sec. 5. For the purpose of defraying extraordinary expenses and making
public improvements, the State may contract pubhc debts ; but such debts
shall never, in the aggregate, exceed one million dollars, except as herein-
after pro-vnded. Every such debt shall be authorized by law for some pur-
pose specified therein, and the vote of a majority of all the members elected
to each House, to be taken by the yeas and naj^s, shall be necessary to the
passage of such law; and every such law shall pro\ade for le\ying an an-
nual tax sufficient to pay the annual interest of such debt, and the prin-
cipal thereof, when it shall become due; and shall specifically appropriate
the proceeds of such taxes to the pajTiient of such principal and interest;
and such appropriation shall not be repealed nor the taxes postponed or
diminished, imtil the interest and principal of such debt shall have been
wholly paid.

Sec. 6. No debt shall be contracted by the State except as herein pro-
\ided, unless the proposed law for creating such debt shall first be submitted
to a direct vote of the electors of the State at some general election ; and if
such proposed law shall be ratified by a majority of all the votes cast at
such general election, then it shall be the duty of the Legislature next after
such election to enact such law and create such debt, subject to all the
pro\isions and restrictions provided in the preceding sections of this
article.

Sec. 7. The State may borrow money to repel invasion, suppress in-
[*12] surrection, or -defend the State in time of war; but the money
thus raised, shall be applied exclusively to the object for which the loan
was authorized, or to the repajonent of the debt thereby created.

Sec. 3. The State shall never be a party in carrying on any works of
internal improvement.

ARTICLE XII.

corporations.

Section 1. The Legislature shall pass no special act conferring corpo-
rate powers. Corporations may be created under general laws; but all such
laws may be amended or repealed.

Sec. 2. Dues from corporations shall be secured by individual lia-
bility of the stockholders to an additional amount equal to the stock owned
by each stockholder; and such other means as shall be provided by law;
but such individual liabilities shall not apply to railroad corporations, nor
corporations for rehgious or charitable purposes.

Sec. 3. The title to all property of religious corporations, shall vest in
Trustees, whose election shall be by the members of such corporations.

Sec. 4. No right of way shall be appropriated to the use of any cor-
poration, until full compensation therefor be first made in money, or
secured by a deposit of money, to the owner, irrespective of any benefit
from any improvement proposed by such corporation.

Constitution Adopted July 29, 1859. 687

Sec. 5. Provision shall be made by general law for the organization of
cities, towns and villages; and their power of taxation, assessment, borrow-
ing money, contracting debts and loaning their credit, shall be so restricted
as to prevent the abuse of such power.

Sec. 6. The term corporations, as used in this article, shall include
all associations and joint stock companies having powers and privileges
not possessed by individuals or partnerships; and all corporations may sue
and be sued in their corporate name.

ARTICLE XIII.

BANKS .\ND CURRENCY.

Section 1. No bank shall be estabhshed otherwise than under a gen-
eral banking law.

Sec. 2. All banking laws shall require, as collateral security for the
redemption of the circulating notes of any bank, organized under their
provisions, a deposit with the auditor of State, of the interest paying bonds
of the several States or of the United States, at the cash rates of the
New York stock exchange, to an amount equal to the amount of circulat-
ing notes which such bank shall be authorized to issue, and a cash deposit
in its vaults of ten per cent of such amount of circulating notes; and the
auditor shall register and countersign no more circulating bills of any
bank, than the cash value of such bonds when deposited.

Sec. 3. Whenever the bonds pledged as collateral security for the
circulation of any bank, shall depreciate in value, the auditor of State shall
require additional security, or curtail the circulation of such bank, to such
extent as ^^^ll continue the security unimpaired.

Sec. 4. All circulating notes shall be redeemable in the money of the
United States. Holders of such notes shall be entitled, in case of the
insolvency of such banks, to preference of payment over all other creditors.

Sec. 5. The State shall not be a stockholder in any banking institution.

Sec. 6. All banks shall be required to keep offices and officers for the
issue and redemption of their circulation, at a convenient place within the
State, to be named on the circulating notes issued by such bank.

Sec. 7. No banking institution shall issue circulating notes of a less
denomination than five dollars.

Sec. 8. No banking law shall be in force until the same shall have
been submitted to a vote of the electors of the State at some general
[*13] election, and ^approved by a majority of all the votes cast at such
election.

Sec. 9. Any banking law may be amended or repealed.

ARTICLE XIV.

.AMENDMENTS.

588 Convention Proceedings and Debates.

tor three months preceding the next election for Representatives, at which
Time the same shall be submitted to the electors, for their approval or
rejection; and if a majority of the electors voting on said amendments,
at said election, shall adopt the amendments, the same shall become a part
oi the Constitution. When more than one amendment shall be submitted
at the same time, they shall be so submitted as to enable the electors to
vote on each amendment s'eparatel)-; and not more than three propo.sitions
ro amend shall be submitted at the same election.

Sec. 2. Whenever two-thirds of the members elected to each branch
of the Legishiture shall think it necessary to call a Convention to revise,
amend or change this Constitution, they shall recomiBend to the electors
to vote at the next election of members to the Legislature, for or against
a Convention; and if a majority of all the electors voting at such election
shall have voted for a Convention, the Legislature shall, at the next ses-
.~ion, provide for calling the same.

ARTICLE XV.

MISCELLANEOUS.

Section 1. All officers whose election or appointment is not otherwise
jirovided for, shall be chosen or appointed as may be prescribed by law.

Sec. 2. The tenure of any office not herein provided for may be de-
flared by law; when not so declared such office shall be held during the
pleasure of the authority making the appointment, but the legislature
shall not create any office the tenure of which shall be longer than four
years.

Sec. 3. Lotteries and the sale of lottery tickets are forever prohibited.

Sec. 4. All public printing shall be let, on contract, to the lowest
responsible bidder, by such executive officers, and in such manner, as shall
1)6 prescribed by law.

Sec. 5. An accurate and detailed statement of the receipts and expendi-
tures of the public moneys, and the several amounts paid, to whom, and
on what account, .shall be published, as prescribed by law.

Sec. G. The Legislature shall provide for the protection of the rights
of women, in acquiring and possessing property, real, personal and mixed,
separate and apart from the husband; and shall also provide for their
equal rights in the possession of their children.

Sec. 7. The Legislature may reduce the salaries of officers, who shall
neglect the performance of any legal duty.

Sec. S. The temporary seat of government is hereby located at the city
of Topeka, county of Shawnee. The first Legislature under this Constitu-
tion shall provide by law for submitting the question of the permanent
location of the Capital to a popular vote, and a majority of all the votes
cast at some general election shall be necessary for such location.

Sec. 9. A Homestead to the extent of one hundred and sixty acres of
Farming land, or of one acre within the limits of an incorporated town or
city, occupied as a residence by the family of the owner, together with all
the improvements on the same, shall be exempted from forced sale under
[*14] any process of law, and shall not be alienated ^without the joint
consent of husband and wife, when that relation exists; Ijut no i)roperty
.shall be exempt from sale for taxes, or for the payment of obligations con-
tracted for the purchase of said premises, or for the erection of improve-
ments thereon. Provided : the provisions of this section shall not ajiply to

Constitution Adopted July 29, 1859. 589

an>' ])roress of law obtained by virtue of a lien given l)y the consent of
both husband and wife.

SCHEDULE.

Section 1. That no inconvenience may arise from the change from a
Territorial Government to a permanent State Government, it is declared
by this Constitution that all suits, rights, actions, prosecutions, recogni-
zances, contracts, judgments and claims, both as respects individuals and
bodies corporate, shall continue as if no change had taken place.

Sec. 2. AH fines, penalties and forfeitures, owing to the Territory of
Kansas, or any county, shall inure to the use of the State or county. All
bonds executed to the Territory, or any officer thereof, in his official
capacity, shall pass over to the Governor, or other officers of the State or
county, and their successors in office, for the use of the State or county, or
bj' him or them to be respectively assigned over to the use of those con-
cerned, as the case may be.

Sec. 3. The Governor, Secretary and judges, and all other officers, both
civil and military, under the Territorial government, shall continue in the
exercise of the duties of their respective departments until the said officers
are superseded under the authority of this Constitution.

Sec. 4. All laws and parts of laws in force in the Territory, at the time
of the acceptance of this Constitution by Congress, not inconsistent with
this Constitution, shall continue and remain in full force until they expire,
or shall be repealed.

Sec. 5. The Governor shall use his private seal until a State seal is pro-
vided.

Sec. 6. The Governor, Secretary of State, Auditor of State, Treasurer
of State, Attorney General, and Superintendent of Public Instruction, shall
keep their respective offices at the seat of government.

Sec. 7. All records, documents, books, papers, moneys and vouchers
belonging and pertaining to the several Territorial Courts, and offices and
to the several districts and county offices, at the date of the admission of
this State into the Tnion, shall be disposed of in such manner as may be
prescribed by law.

Sec. 8. All suits, i)leas, plaints and other proceedings pending in any
(;ourt of record, or justice's court, may be prosecuted to final judgment
and execution; and all appeals, writs of error, certiorari, injunctions, or
other proceedings whatever, may progress and be carried on as if this
Constitution had not been adopted, and the Legislature shall direct the
mode in which such suits, pleas, plaints, prosecutions and other proceed-
ings, and all papers, records, books and documents connected therewith,
may be removed to the courts established by this Constitution.

Sec. 9. For the purpose of taking the vote of the Electors of this Ter-
ritory for the ratification or rejection of this Constitution, an election
shall be held in the several voting precincts in this Territory, on the first
Tuesday in October, a. d. 1859.

Sec. 10. Each elector shall express his assent or dissent by voting a
written or printed ballot labelled 'Tor the Constitution," or "Against the
Constitution."

Sec. 11. If a majority of all the votes cast at such election shall be in
favor of the Constitution, then there shall be an election held in the
several voting precincts on the first Tuesday in December. .\.d. 1859, for

590 Convention Proceedings and Debates.

the election of members of the first Legislature, of all State, District and
County officers provided for in this Constitution, and for a Representative
in Congress.

[*15] *Sec. 12. All persons having the quaUfications of electors, accord-
ing to the provisions of this Constitution, at the date of each of said elec-
tions, and who shall have been duly registered according to the provisions
of the registry law of this Territory, and none others, shall be entitled to
vote at each of said elections.

Sec. 13. The persons who may be Judges of the several voting pre-
cincts of this Territory at the date of the respective elections in this
schedule provided for, shall be the Judges of the respective elections herein
provided for.

Sec. 14. The said Judges of election, before entering upon the duties of
their office, shall take and subscribe an oath faithfully to discharge their
duties as such. They shall appoint two Clerks of election, who shall be
sworn by one of said Judges faithfully to discharge their duties as such.
In the event of a vacancy in the Board of Judges the same shall be filled by
the electors present.

Sec. 15. At each of the elections provided for in this schedule the
polls shall be opened between the hours of nine and ten o'clock, a. m., and
closed at sunset.

Sec. 16. The tribunals transacting county business of the several
counties, shall cause to be furnished to the Boards of Judges in their re-
spective counties two poll books for each election hereinbefore provided
for, upon which the clerks shall inscribe the name of every person who may
vote at the said elections.

Sec. 17. After closing the polls at each of the elections provided for
in this schedule, the Judges shall proceed to count the votes cast, and
designate the persons or objects for which they were cast, and shall make
two correct tally lists of the same.

Sec. 18. Each of the Boards of Judges shall safely keep one poll book
and tally list, and the ballots cast at each election; and shall, within ten
days after such election, cause the other poll book and tally list to be
transmitted, by the hands of a sworn officer, to the clerk of the Board
transacting County business in their respective Counties, or to which the
County may be attached for municipal purposes.

Sec. 19. The tribunals transacting County business shall assemble at
the County seats of their respective counties on the second Tuesday after
each of the elections provided for in this schedule, and shall canvass the
votes cast at the elections held in the several precincts in their respective
counties, and of the Counties attached for municipal purposes. They shall
hold in safe keeping the poll books and tally lists of said elections, and
shall, within ten days thereafter, transmit, by the hands of a sworn officer,
to the President of this Convention, at the City of Topeka, a certified
transcript of the same, showing the number of votes cast for each person
or object voted for at each of the several precincts in their respective
counties, and in the counties attached for municipal purposes, separately.

Sec. 20. The Governor of the Territory, and the President and Secre-
tary of this Convention shall constitute a Board of State canvassers, any
two of whom shall be a quorum; and who shall, on the fourth Monday
after each of the elections provided for in this schedule, assemble at said
City of Topeka, and proceed to open and canvass the votes cast at the

Constitution Adopted July 29, 1859. 591

several precincts in the different counties of the Territory and declare the
result; and shall immediately issue certificates of election to all persons
(if any) thus elected.

Sec. 21. Said Board of State Canvassers shall issue their proclamation
not less than twenty days next preceding each of the elections provided
for in this schedule. Said proclamations shall contain an announcement
of the several elections, the qualifications of electors, the manner of con-
ducting said elections and of making the returns thereof, as in this Con-
[*16] stitution *provided, and shall publish said proclamation in one
newspaper in each of the counties of the Territory in which a newspaper
may be then published.

Sec. 22. The Board of State Canvassers shall provide for the transmis-
sion of authenticated copies of the Constitution to the President of the
United States, the President of the Senate and Speaker of the House of
Representatives.

Sec. 23. Upon official information having been by him received of the
admission of Kansas into the Union as a State, it shall be the duty of the
Governor elect under the Constitution, to proclaim the same and to con-
vene the Legislature and do all things else necessary to the complete and
active organization of the State Government.

Sec. 24. The first Legislature shall have no power to make any changes
in county fines.

Sec. 25. At the election to be held for the ratification or rejection of this
Constitution, each elector shaU be permitted to vote on the Homestead
provision contained in the Article on "Miscellaneous," by depositing a ballot
inscribed "For the Homestead," or "Against the Homestead;" and if a
majority of all the votes cast at said election shall be against said provision,
then it shall be stricken from the Constitution.

RESOLUTIONS.

Resolved, That the Congress of the United States is hereby requested,
upon the application of Kansas for admission into the Union, to pass an
act granting to the State forty-five hundred thousand acres of land to aid
in the construction of railroads and other internal improvements.

Resolved, That Congress be further requested to pass an act appro-
priating fifty thousand acres of land for the improvement of the Kansas
River from its mouth to Fort Riley.

Resolved, That Congress be further requested to pass an act granting
all swamp lands within the State for the benefit of common schools.

Resolved, That Congress be further requested to pass an act appro-
priating five hundred thousnnd dollars, or in lieu thereof five hundred
thousand acres of land, for the payment of the claims awarded to citizens
of Kansas by the Claim Commissioners appointed by the Governor and
Legislature of Kansas under an act of the Territorial Legislature passed
7th February, 1859.

Resolved, That the Legislature shall make provision for the sale or dis-
posal of the lands granted to the State in aid of internal improvements
and for other purposes, subject to the same rights of preemption to the
settlers thereon as are now allowed by law to settlers on the public lands.

Resolved, That it is the desire of the people of Kansas to be admitted
into the Union with this Constitution.

592

Convention Proceedings and Debates.

Resolved, That Congress l)e further requested to assume the debt of this
Territory.

Done in Convention at Wyandot, this 29th day of July, a.d. 1859.

JAMES M. WINCHELL,

President of the Kansas Cnnstitutional Convention
nnd Delegate from Osage County.

RoBT. Graham,
John James Ingalls.
Caleb May,
J. A. Middleton,
S. D. Houston,
Luther R. Palmer,
John Taylor Burris,
.John P. Greer.
.Tohn Ritchie,
H. D. Preston,
Benjamin F. Simpson
James M. Arthur.
JosiAH Lamb,
Wm. McCullough,
Jas. G. Blunt,
J. C. Burnett.

John A. Martin, Secretary.

Saml. a. Kingman.
Robt. J. Porter.
James Blood,
S. 0. Thacher.
Edwin Stokes,
p. h. townsend.
Wm. Hutchinson.
N. C. Blood,
Edmund G. Ross.
Jas. Hanway,
Allen Crocker,
Saml. E. Hoffman.
James A. Signor,
George H. Lillie,
R. L. Williams,
W. P. Dt^tton,

Wm. R. Griffith.

[End of Edition of 1859.]

APPENDIX A.

Amendments and Constitutional Convention proposals submitted subse-
quent to the adoption of the Constitution:

TABLE 1— AMENDMENTS ADOPTED.
(Note. — Italic letters following figures in second column refer to footnotes.)

Year.

1861
1864

1867
1868
1873

1875

1876
1880
1888

1900
1002
1904

1906

1912
1914
1918

No.

Sec. and Art.

2
3

5(a)

7
8(6)

9(6)

10(6)

ll(6)(c)

12(d)

13
14

15(e)

17
18(9)

21
22(^0

23(t)

24(j)
25 (A)

Sec. G. S. 1915.

7-13

12— 2
3— 5

2— 5

4—15

2 2

25— 2
29— 2

3—11

24— 2

3— 9

10—15

17 Bill of R.
1— 8

2— 3

2— 4

14— 2
4—15

17— 2
2—12

S— 3

8—5

3. 4 and 5—4

New 30—2
1—5

248

152

197

196

256

142

165
169

230

164
222

262

121
216

171

191

154
256

157
237

177

202

Subject Matter of Amendment.

192, 193, 194

(169o)
195

Authorizes banks to issue $1 notes.

Bills originate in either ' ouse of Legislature.
Suffrage assured to soldiers and sailors.

Suffrage denied to certain classes of persons.

Legislature elects state printer.

Number of representatives and senators change<i.

Establishes biennial sessions of Legislature.

New section added. Fixes length of term of members of

Legislature.
Revenue must be provided for term of two years.

Appropriations must be made for two years.
Concerning election of county officers.

New section added. Prohibits manufacture and sale of
intoxicating liquors.

Modifying property rights of aliens and citizens.
Changes composition of militia by striking out the word
"white."

Increases number of Supreme Court justices to seven.

Concerning township and general election?.

Relating to signing of bills.
People elect the state printer.

Legislat rn must be general in application.

Reducing liability of stockholders to face value of share-s

of stock.
Concerning the probate court, judge pro tern., etc.

New section added to Article 5. Establishes universal
suffrage regardless of sex.

New sections added to Article 4. Provides for the recall of
public officers.

Provides for permanent income for state educational insti-
tutions.
Limit" ri^ht of suffraae to citizens of United States.

NOTES ON TABLE 1.

(o) This section has been twice amended. For second amendment see No. 18 of this
table.

(5) This is a new section added to article 2. Its adoption was made necessary by
change from annual to biennial sessions of legislature at No. 7, as also were the amend-
ments at Nos. 9, 10 and 11 of this table.

(c) This section and section 4 immediately following in the constitution were rendered
nugatory by the adoption of the amendment to section 3, article 4. See No. 16 of this
table.

(d) This is a new section added to article 15.

table 3).

(/) Adopted to save expense and to secure uniformity and less frequency of elections.
See No. 11 of this table, out of which amendment this one naturally grew.

(g) This section has been twice amended. See No. 5 of this table. Under the original
section the state printing was done under contract; under No. 5, by a state printer elected
by the legislature, and under this amendment, elected by the people.

(593)

38 — 778

594

Appendix A.

(k) New section added to article 5. This amendment was submitted and rejected in
1894. See No. 3 of table 3 of this Appendix "A," and also the Fifteenth Amendment to
the Constitution of the United States.

(i) These sections 3, 4, and 5 are new sections added to article 4.

(;■) Amendment added since the 1915 compilation of the statutes. It does not provide
what position it shall occupy in the constitution. It is chapter 352, Laws of 1917, adopted
in 1918.

(A-) Grew out of danger and abuse arising from voting by aliens who had simply de-
clared their intentions to become citizens of the United States. It is chapter 353, Laws of
1917, adopted in 1918.

TABLE 2.— AMENDMENTS PENDING. DETERMINED AT 1920 ELECTION.

Year.

No.

Sec. and Ait.

Chap. L. 1919.

Subject Matter.

1919

1
2

3(0)

11—15
8—11

1 and 2—11

321
331

335

State aid for purchase of farm homes.
Excepts roads from the prohibition against internal im-
provements.
Relates to classification of property for taxation.

Note on Table 2.
(a) This pending amendment was rejected in 1914. See No. 10 of Table 3 of this "Appendix A."

TABLE 3.T-AMENDMENTS RE.TECTED.

Popular

Vote.

No.

Sec. and Art.
of Const.

Chapter
of Law.

Subject Matter.

\ear.

For.

Against.

1867

1—5

Not in.

Striking out word "white" before the
word "male."

10,483

19,421

1-5

Not in.

Striking; out word "male" before the
word "person."

9,070

19,857

1880

1—11

Ch. 164,

Repealing personal property exemption

1879

from taxation.

38,442

140,020

1886

4(a)

2 and 13—3

H. J. R.,

Increasing number of Supreme Court

No. 4. 1885

justices to five.

81,788

132,535

1890

5(6)

3 and 25—2

H. J. R..

Increisine compensation to members of

No. 5. 1 89

Legislature.

52,463

140.041

6(a)

2 and 13—3

H.J. R..

Increasing niunher of Supreme Court

No. 8, 1889

j'lstices to seven.

66,60'

121.66

1894

7(c)

None stated.

274 of 1803

Making »iiffraTe universal regardless of sex

95,302

130,139

1902

8(b)

3— 2

423 of 1901

Increasing compensation to members of
Ledsiatnre.

92,090

140,769

1908

9(6)

3—2

431 of 1907

Increasing compensation to members of
Leaishttire.

104,554

150,576

13— 3

432 of 1907

Disqiialifving judses from holding office.

102,1.56

135,745

1910

ll(fc)

3— 2

271 of 1909

Increising compensation to members of
Leiislfture.

91.894

181.970

1914

12()

1 and 2—11

335 of 1913

Clissi'^cation of property for taxation.

156,969

166,800

Notes os Table 3.

(a) This amendment differing only as to number of increase was twice rejected (Nos. 4 and 6 of this table),
and finallv adopte on its third submission in 1900. See No. 15 of TaWe 1 of this appendix.

(6) This proposition has been defeated four times: 1890. 1902, 1908, 1910. See Nos. 5, 8, 9 and 11 of this
table 3.

(( ) This amendment has been resubmitted by the Legislature of 1919; is now pending, and will be deter-
mined by the election of 1920.

T.ABLE 4( ).— CONSTITUTIONAL CONVENTION PROPOSITIONS.

Year.

No.

Resolution or
Chapter Number.

Subject Matter.

Popular Vote.

For.

Agamst.

1880
1892

1(6)

2(r)

Ch. 163 of 1879.
S. J. R. No. 1, 1891.

To call convention to change and revise the
Constitution.

To call convention to revise, amend, or change
the Coi.yfiti tion

22,870
118,441

146,279
118,951

Notes ov "^able 4.

(a) These two, out of manv reccmmendations introduced at the various sessions of the Legislature, were
defeated bv the people at •" e elections held in 1.880 and 1892.

(>>) At the election of 1880. three amendments » ere siihn'itted: the prohibitory liquor amendment, the amend-
ment concerning the removal of the exemption of personal property from taxation, and this convention proposal
The first wae adopted, the other two were defeated.

(r) TJiia was the only constitutional proposition submitted by the Legislature of 1891.

Amendments and Convention Proposals.

595

TABLE 5.— ANfENr>MENT PROPOSITIONS— POPULAR VOTE.

Popular Vote.

Year.

No.

Sec. and
Article.

G. S. 1915
and Laws.

Subject Matter.

For.

Against.

1861

7—13

248

Banks issue SI circulating notes.

3,733

3,343

1864

12— 2

152

Bills originate in either house.

8,708

626

3— 5

197

S iffrage assured to soldiers and sailors.

10,756

329

1867

4
*5

2— 5
1— 5

196

Suffrage denied to certain classes.
Suffrage enlarged by striking out

16,860

12,165

"white."

9,070

19,857

1— 5

Suffrage enlarged by striking out
"male."

10,483

19,421

1868

4—15

256

Stite printer elected by the Legislature.

13,471

5,415

18.3

2— 2

142

Number of Senators and Representa-
tives changed.

32,244

29,189

1875

25-2

165

Establishes biennial sessions of Legis-
lature.

43,320

15,478

29— 2

169

New section added. Length of terms
of lejislators.

42,7 '4

15,509

3—11

230

Revenue provided for term of two years.

43,052

15,293

1876

24— 2

164

.Appropriations made for two years.

95,430

1,768

3—9

222

1'^ ection of county officers.

93,1 8

1,985

1880

tl4

None.

Ch. 163,

Calls convention to change and revise

Laws 1879.

Constitution.

22,870

146,279

*15

1—11

C" . 164,

Repeal personal property exemption

Laws 1879.

from taxation.

3S,44-'

140,020

10—15

262

New section added. Prohibition of
liquor.

92,302

84,304

1886

*17

2 and 13—3

Increasing number of supreme justices

to five.

81,788

132,535

1888

17— B. of R.

121

Modifying property rights of citirens

■i'\i aliens.

220,419

16,611

1— 8

216

Strikes out word "white" in composi-
tion of militia.

223,474

22,251

1890

*20

3 and 25—2

Increasing compensation of Legislature.

95,302

130,139

•21

2 and 13—3

lucre ising number of Supreme Justices

to seven.

66,601

121,636

1892

t22

None.

S. J. R., No. 1,

Calls convention to revise, amend, or

Laws 1891.

change Constitution.

118,491

118,951

1894

*2'!

Siffrage universal, regardless of sex.

95,302

130,139

1900

2 and 13—3' '

171

Increasing number of Supreme Justices
to seven.

123,721

35,474

1902

*25

3— 2

Increasing compensation of Legislature.

92,090

140,768

2—4

i9i

Concerning township and general
elections.

144,776

78,190

1904

14— 2

154

Relating to signing of bills.

162,057

60,148

4—15

256

St )te printer elected by the people.

169,620

52,363

1906

2. J

17- 2

157

Legislitiun must be general in appli-
cation.

110,021

63.485

2—12

237

Reducing liability of shareholders.

110,266

67,409

8— 3

177

Concerning the probate court, etc.

107.974

70,730

1908

*32

3— 2

Increasing compensation of Legislature.

104,554

150,576

*33

13— 3

Disqualifying judges from holding

office.

102,1.56

135,745

1910

*3J

3— 2

Increasing compensation of Leiishture.

91,894

181,970

19 12

8— 5

202

New section added to Article 5.
Woman suffrage.

175,246

159,197

1914

3, 4 and 5—4

192. 193, 194

New sections added. Concemins re-
call of officers.

240.240

135,630

'37

1 and 2—11

Clissification of property for taxation.

156,969

166.800

1918

New ection

'Ch.352, ■'

Permanent incon^e tax for state edu-

added.

Laws of 1917.

cational institutions.

234,858

101,569

1— 5

Ch. 353,

Limit" suffrage to citizens of United

I-a" of 1917.

States'

238,453

91,619

Notes on Table 5

'Nos. 5, 6. li, 15. 17. 20, 21. it, 23, 25, 32, 33, 34, and 37, (14 in all) are rejected propositions.
tNoB. 14 and 22 are constitutional co.vention calls. See * above.

596 Appendix A.

GENERAL NOTES ON APPENDIX A.

A resume of the tables of this appendix shows that in 58 years (1861-
1919) 42 propositions "to amend, change, or revise" the constitution
have been submitted to the popular vote, with the following result:

25 have been adopted (Table 1);

3 are now pending (Table 2) ;
12 amendments (Table 3) and

2 constitutional convention calls (Table 4) have been rejected.

Of the Twenty-five Adopted —

2 (Nos. 5 and 8) are amendatory of the same subject matter;
5 (Nos. 12, 18, 22, 23 — 3 sections — and 24) are entirely new addi-
tions to the original constitution; while

1 (No. 16) entirely eliminates sec. 2, art. 4, which had been

amended in 1876 (No. 11), and

2 (Nos. 15 and 22) were first defeated, the former, twice (Nos. 2

and 4 of Table 3) in 1886 and 1890, respectively, and the
latter, once (No. 5 of Table 3) in 1894.

0/ the Pending Amendments —

No. 3 is the second submission of the proposition. The first (No. 10
of Table 3) was defeated in 1914.

Of the Rejected Amendments —

One was twice defeated (Nos. 2 and 4) in 1886 and 1890, respec-
tively, and adopted on the third trial (No. 15 of Table 1) in 1900;

One (No. 5) was adopted on the second submission in 1912 (No. 22
of Table 1);

One (No. 10) is again pending (No. 3 of Table 2) to be determined
at the election of 1920, and

Four (Nos. 3, 6, 7 and 9) are the same proposal, four times sub-
mitted and defeated in 1890, 1902, 1908 and 1910, respectively.

APPENDIX B.

CONSTITUTION OF THE STATE OF KANSAS.

Adopted at Wyandotte, July 29, 1859, with amendments incorporated and

annotated to September 1, 1919. «

ART.

Ordinance. §§95-103.
Preamble. § 104.
Bill of rights. §§ 105-124.
J. Executive. §§125-140.

2. Legislative. §§ 141-169.

3. Judicial. §§ 170-189.

4. Elections. §§ 190-194.

5. Suffrage. §§ 195-202.

6. Education. §§203-211.

7. Public institutions. §§ 212-215.

8. Militia. §§216-219.

ART.

9. County and township organiza-
tion. §§220-224.

10. Apportionment. §§ 225-227.

11. Finance and taxation.

§§ 228-235.

12. Corporations. §§236-241.

13. Banks and currency. §§242-250.

14. Amendments. §§ 251-252.

15. Miscellaneous. §§253-262.
Schedule. §§263-287.
Resolutions.

Acceptance of Grant from Congress; Ordinance; Preamble.

§1. Sections sixteeu aud thirty-six, or con-
tiguous lands, granted for schools.

2. Seventy-two sections for state univer-

sity.

3. Thirtv-six sections for erecting public

buildings.

4. Seventy-two sections for erection and

maintenance of charitable institu-
tions.

§5. Salt springs and mines to state for

public improvement.
6. Five per cent of proceeds from public

lands to fund for schools.
T. Five hundred thousand acres granted

to state for common schools.
8. Lands to be selected as prescribed by

law, -with approval of commissioner.

Ordinance.

Whereas, The government of the United States is the proprietor of a
large portion of the lands included in the limits of the state of Kansas as
defined by this constitution; and,

Whereas, The State of Kansas will possess the right to tax said lands for
purposes of government, and for other purposes: now, therefore,

Be it ordained by the people of Kansas:

§ 95.* That the right of the state of Kansas to tax such lands is re-
linquished forever, and the state of Kansas will not interfere with the title
of the United States to such lands, nor with any regulation of congress in
relation thereto, nor tax nonresidents higher than residents: Provided
always. That the following conditions be agreed to by congress:

§96. School Sections. §1. Sections numbered sixteen and thirty-sLx
in each township in the state, inclucUng Indian reservations and trust lands,
shall be granted to the state for the exclusive use of common schools; and
when either of said sections, or any part thereof, has been disposed of,
other lands of equal value, as nearly contiguous thereto as possible, shall
be substituted therefor.

■* Boldface figures are the running section numbers of the General Statutes of 1915.

(597)

598

Appendix B.

§ 97. University Lands. § 2. That seventy-two sections of land shall
be granted to the state for the erection and maintenance of a state uni-
versity.

§ 98. Lands for Public Buildings. § 3. That thirty-six sections
shall be granted to the state for the erection of pubUc buildings.

§ 99. Lands for Benevolent Institutions. § 4. That seventy-two
sections shall be granted to the state for the erection and maintenance of
charitable and benevolent institutions.

§ 100. Salt Springs and Mines. § 5. That all salt springs, not ex-
ceeding twelve in number, w4th six sections of land adjacent to each, to-
gether with all mines, with the lands necessary for their full use, shall be
granted to the state for works of pubhc improvement.

§ 101. Proceeds to Schools. § 6. That five per centum of the pro-
ceeds of the public lands in Kansas, disposed of after the admission of the
state into the union, shall be paid to the state for a fund, the income of
which shall be used for the support of common schools.

§ 102. School Lands. § 7. That the five hundred thousand acres of
land to which the state is entitled under the act of congress entitled "An
act to appropriate the proceeds of the sales of public lands and grant
preemption rights," approved September 4th, 1841, shall be granted to the
statfi for the support of common schools.

§ 103. Selection of Lands. § 8. That the lands hereinbefore men-
tioned shall be selected in such manner as may be prescribed by law; such
selections to be subject to the approval of the commissioner of the general
land office of the United States.

Preamble.
§ 104. We, the people of Kansas, grateful to Almighty God for our civil
and religious privileges, in order to insure the full enjoynaent of our rights
as American citizens, do ordain and establish this constitution of the state of
Kansas, with the following boundaries, to wit: Beainning at a point on the
western boundary of the state of Missouri, where the thirty-seventh parallel
of north latitude crosses the same; thence running west on said parallel to
the twenty-fifth meridian of longitude west from Washington; thence north
on said meridian to the fortieth parallel of north latitude; thence east on
said parallel to the western boundary of the state of Missouri; thenc«
south with the western boundary of said state to the place of beginning.

BILL OF RIGHTS.

§1. Equal and inalienable rights.

2. Political power, inherent; free govern-

ments: no special privileges granted,
except by legislature, and which may
be revoked.

3. Right of people .to assemble, to petition

government, etc.

4. Right of people to bear arms; standing

armies; military in subordination to
civil power.

5. Right of trial by jury inviolate.

6. No slavery; or involuntary servitude,

except for crimes.

7. Religious liberty ; no religious or prop-

erty tests; no witne.ss incompetent
because of religion.

8. Writ of habeas corpus not to be sus-

pended.

9. When entitled to bail; excessive bail;

cruel or unusual punishment.
10. Rights of accused: speedy trial by im-
partial jury; twice in jeopardy.

liberty of press;

§11. Freedom of speech;
libel.

12. No transportation, corruption of blood
or forfeiture of estate.

Treason defined ; evidence necessary
to convict.

Quartering of soldiers in houses.

No searches and seizures, except
proper warrant supported by oath.

No imprisonment for debt except for
fraud.

No distinction between rights of citi-
zens of Kansas and other states as
to property ; rights of aliens regu-
lated by law.

Remedy by- due course of law; justice
without delay.

No hereditary emoluments, etc.,
granted by state.

Rights retained by people; powers not
delegated remain with people.

13.

14.
15.

16.

17.

18.
19.

20.

Annotated Constitution of Kansas. " 599

§ 105. Equal Rights. § 1. All men are possessed of equal and inalien-
able natural rights, among which are life, hberty, and the pursuit of hap-
piness.

Not collection of generalities, but affirmation of sovereignty of people. Atchison Street Rly.

Co. V. Mo. Pac. Rly. Co., 31 K. 660.
Legislature may grant city authority to permit street railways therein. Atchison Street Rly.

Co. V. Mo. Pac. Rly. Co., 31 K. 660.
Legislative investigating committee not given power to imprison for contempt. In re Davis,

58 K. .S68.
Act providing attorney's fee in certain actions against railroads, valid. Railroad Co. v.

Matthews, 58 K. 447.
Ordinance declaring place nuisance where persons resort to "drink," valid. Topeka v.

Ravnor, 61 K. 10.
Not violated bv act requiring water-supply companies to file statements. Leavenworth v.

Water Co., "62 K. 643.
Act creating board of medical registration and examination held valid. The State v.

"Wilcox. 64 K. 789.
Declarins: places common nuisances, etc., where intoxicating liquor sold, valid. The State

V. McManus, 65 K. 720.
Act prohibiting discharging employee because member of labor organization, void. Brick

Co. V. Perry, 69 K. 297.
Act prescribing rates and regulating charges of public stockyards, valid. Ratclifif v. Stock-
yards Co., 74 K. 1.
Legislature may authorize charter board to regulate establishment of banks. Schaake v.

Dolley, 85 K. 598.
Inheritance tax law of 1909 does not violate this "section. The State, ex rel., v. Cline,

91 K. 416.
Act requiring bathhouses at coal mines held valid. The State v. Reaser, 93 K. 628.
Employer mav contract with employee concerning membership in labor organization. Cop-

paee v. Kansas, 236 U. S. 23.
Agency created bv the state must act reasonably, not arbitrarily. Drainage Dist. v. Rly.

Co., 99 K. 189.
Ch. 331, Laws 1917 (regulating use of tradin? stamps) valid. State v. Wilson 101 K. 795.
State industrial farm for women provides equal protection of laws. In re Dunkerton,

104 K. 481.

§106. Political Power; Privileges. §2. All political power is m-
herent in the people, and all free governments are founded on their au-
thority, and are instituted for their equal protection and benefit. No
special privileges or immunities shall ever be granted by the legislature,
which may not be altered, revoked or repealed by the same body; and this
power shall be exercised by no other tribunal or agency.

Not violated by authorizing cities and counties to aid railroads. The State, ex rel., v.

Nemaha County, 7 K. 542.
Cited, case holding woman eligible to office of county superintendent. Wright v. Noell,

16 K. 601.
Authority mav be given cities to permit street railways therein. Atchison Street Rly. Co.

V. Mo. Pac. Rly. Co., 31 K. 660.
Does not permit citv to break contract with water company. Water-works Co. v. City of

Columbus, 48 K. 99.
City mav not grant a monopoly for ordinnn- biisin^'ss therein. In re Lowe, Petitioner,

54 K. 757. (This case overruled by O'Neal v. Harrison. 96 K. 339. post.)
"Ocrupying-claimant act" does not violate this section. Deitzler v. Wilhite, 55 K. 200.
Legislature mav alter corporate charter. Cited in dissenting opinion. The State v.

Ha-.n. 61 K. 146.
Veterans' preference law does not violate this section. Goodrich v. Mitchell, 68 K. 765.
Act requiring druggist permit to sell intoxicating liquor, held valid. The State v. Durein,

70 K. 13.
Inheritance tax law of 1909 does not violate this section. Tlie State, ex rel., v. Cline.

91 K. 416.
State cannot relinquish title to islands to individuals without compensation. Winters v.

Meyers. 92 K. 414.
Initiative and referendum for cities of first class, held valid. The State, ex rel., v. City of

Hutrb'nson, 93 K. 405.
Not violated by act requiring bathhouses at coal mines. The Stat€ v. Reaser, 93^ K. 628.
City may grant exclusive right for removal of garbage. O'Neal v. Harrison, 96 K. 339.
State auditor may not question legislative power to grant special privilege. Hicks v. Davis,

97 K. 314.
Public grant of power not a privilege to injure public. Drainage Dist. v. Rly. Co.,

99 K. 212.
"Citv manager plan" statute does not delegate legislative powers. State, ex rel., v. City

of Wichita, 100 K. 401.
Ch. 331, Laws 1917. regulating use of trading stamps valid. State v. Wilson, 101 K. 79o.
Authorizing miners and mine-owners to regulate explosives' use not a delegation of legis-
lative powers. Richards v. Coal Co., 104 K. 332.
Ch. 284, Laws 1917 (forming rural high schools), not a delegation of such power. State,

ex rel., v. Lamont, 105 K. 134.

600 Appendix B.

§ 107. Petition, etc. § 3. The people have the right to assemble, in
a peaceable manner, to consult for their common good, to instruct their
representatives, and to petition the government, or any department thereof,
for the redress of grievances.

§108. Bear Arms; Armies. §4. The people have the right to bear
arms for their defense and security; but standing armies, in time of peace,
are danscerous to liberty, and shall not be tolerated, and the military shall
be in strict subordination to the civil power.

No limitation on power to prohibit promiscuous carrying of arms. Salina v. Blaksley,
72 K. 230.

§ 109. Trial by Jury. § 5. The right of trial by jury shall be inviolate.

Verdict of jury must be verdict of each individual juror. Bowman v. Wheaton, 2 K. A. 581.
Suppradded conditions of recognizance not cause for dismissal on appeal. City of Kansas

Citv V. Hescher, 4 K. A. 782.
Applied only to cases so triable at common law. Kimball et al. v. Connor et al., 3 K. 414.
In quo warranto defendant is "probably" entitled to jury trial. The State, ex rel., v.

Allen, 5 K. 213.
Municipal court try without jury when jury obtainable on appeal. City of Emporia v.

Volmer, 12 K. 622.
In action for recovery of money, jury may be demanded. Board of Education v. Scoville,

13 K. 17.
Court may send any issues in equity case to jury. Hixon v. George, 18 K. 256.
Provision for jury not vital in proceedings to correct assessments. Ross v. Commissioners

of Crawford Co., 16 K. 411.
Duty of courts to enforce rigid observance of statutes. The State v. Snyder, 20 K. 306.
.Tury trial not matter of right in action for divorce. Carpenter v. Carpenter, 30 K._ 718.
^Vhere no jury in first instance, right on appeal inviolate. In re Rolfs, Petitioner,

30 K. 761.
Power of legislature limited by provisions of bill of rights. Atchison Street Rly. Co. v.

Mo. Pac. Rly. Co., 31 K. 665.
Not entitled to jury in "proceedings in aid of execution." In re Burrows, Petitioner,

33 K. 677.
Not entitled to trial by jury for violating city ordinance. The State, ex rel., v. City of

Topeka, 36 K. 85. .

Jury not necessary in proceedings to annex land to city. Callen v. Junction City,

43 K. 629. ■ .

Appeal to court with jury, must be without unreasonable restrictions. In re Jahn, Peti

tioner. 55 K. 697.
Twelve jurors necessary in trial on felony charge. The State v. Simons, 61 K. 752.
.Jury not guaranteed in proceedings to establish boundary lines. Swarz v. Ramala.

63 K. 636.
Trial in police court without jury does not violate section. In re Effie Kinsel, 64 K. 3.
Declaring places common nuisances where intoxicating liquor sold, etc., valid. The State

V. McManus, 65 K. 722.
•Tury not demandable as matter of right in quo warranto. Wheeler v. Caldwell, 68 K. 776.
Right to jury of twelve may be waived in misdemeanors. The State v. Wells, 69 K. 793.
Not entitled to jury in injunction under prohibitory liquor law. Cowdrey v. The State,

71 K. 450.
Cities may destrov intoxicating liquor and property used in selling. Stahl v. Lee,

71 K. 519.
-Tury to try title to and possession of real estate. Atkmson v. Crowe, 80 K. 163.
In partition, jui"y to try ownership and right of possession. Gordon v. Munn, 83 K. 242.
Section not violated by jury of four in lunacy inquest. The State v. Linderholm,

84 K. 603. ■ ^ , ^

Vet providing for charging of expenses by entomological commission, valid. Balch v.

Glenn, 85 K. 739.
Execution (for debt) issues against body of person convicted of fraud. Tatlow v. Bacon,

101 K. 30.

§ 110. Slavery Prohibited. § G. There shall be no slavery in this
state; and no involuntary servitude, except for the punishment of crime,
whereof the party shall have been duly convicted.

Vet requiring work on roads to pay poll tax, valid. /?i re Dassler, Petitioner, 35 K. 684.
Does not prohibit labor on streets for poll taxes. The State, ex rel., v. City of Topeka,

Ordinance permitting employment of city prisoners on streets held valid. City of Topeka
V. Boutwell, 53 K. 30.

§ 111. Religious Liberty. § 7. The right to worship God according
to the dictates of conscience shall never be infringed; nor shall any person
be compelled to attend or support any form of worship; nor shall any
control of or interference with the rights of conscience be permitted, nor

Annotated Constitution of Kansas. 601

any preference be given by law to any religious establishment, or mode of
worship. No religious test or property qualification shall be required for
any office of public trust, nor for any vote at any election; nor shall any
person be incompetent to testify on account of religious belief.

Disbelief in existence of God does not render witness incompetent. Dickinson v. Beal,

10 K. A. 233.
Courts will not interfere with worship beyond carrying out trust. Feizel v. Trustees of

German M. E. Society, 9 K. 595.
Courts mav restrain minority from perversion of church property. Hackney v. Vawter,

39 K. "630.
Ordinance requiring authority from mayor for all street demonstrations, void. Anderson

V. City of Wellington, 40 K. 181.
Repeating Lord's Praver and Twenty-third Psalm permitted in public schools. Billard v.

Board of Education, 69 K. 53.
Provision applies only to offices and elections contemplated by constitution. The State v.

Monahan, 72 K. 492.

§ 112. Habeas Corpus. § 8. The right to the writ of habeas corpus
shall not be suspended, unless the public safety requires it in case of in-
vasion or rebellion.

§ 113. Bail. § 9. All persons shall be bailable by sufficient sureties
except for capital offenses where proof is evident or the presumption great.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel
or unusual punishment inflicted.

Confinement five to twenty-one vears for rape, not unconstitutional. The State v. White,

44 K. 514.
At hard labor in penitentiary, not cruel or unusual punishment. The State v. White,

44 K. 514.
Fine and jail sentence held not cruel or unusual punishment. Batcliff v. Stock-yards Co.,

74 K. 16.
Confinement when unable to pay fine and costs, not violative. In re Ellii, 76 K. 370.
Crime committed when penalty is death, amended afterwards, not bailable. In re Schneck,

78 K. 210.
Defendant after conviction of felony is entitled to bail. In re Truskett, 84 K. 877.
Bond required of appealing defendant not to violate law, valid. The State v. Coletli,

102 K. 525.

§114. Trial; Defense of Accused. §10. In all prosecutions, the
accused shall be allowed to appear and defend in person or by counsel; to
demand the nature and cause of the accusation against him; to meet
the witness face to face, and to have compulsory process to compel the
attendance of witnesses in his behalf, and a speedy public trial by an
impartial jury of the county or district in which the offense is alleged to
have been committed. No person shall be a witness against himself, or be
twice put in jeopardy for the same offense.

Second trial at defendant's request, held not twice in jeopardv. The State v. McCord,

8 K. 242.

•luror who has formed any opinion is not impartial juror. The State v. Medlicott,

9 K. 279.

Simple impression not opinion such as renders juror partiaL The State v. Medlicott,

9 K. 279.
Dissenting opinion. — Any opinion formed by juror disqualifies him. The State v. Medlicott,

9 K. 292.
Nature of accusations need not state ■whether principal or accessory. The State v. Cassa-

day, 12 K. 555.
Trial for contempt by judge without jury, held not error. The State v. Cutler, 13 K. 134.
Finding of "not guilty" by court precludes, another trial. Citv of Olathe v. Adams,

15 K. 391.

•Turor who has formed opinion is not an impartial juror. The State v. Brown, 15 K. 400.
Trial by impartial jury of county, etc., may be waived. The State v. Potter, 16 K. 97.
Mere preliminary examination is not being put "in jeopardy." The State v. Jones,

16 K. 610.

Defendant has right to demand nature and cause of accusation. The State v. Behee,

17 K. 404.

Not error for jury to inspect premises without defendant accompanying. The State v.

Adams, 20 K. 323.
Trial in another county but same district held not error. The State v. Ruth, 21 K. 589.
Territory attached to judicial district becomes part of district. In re Holcomb, Petitioner,

21 K. 636.
Where trial terminated by unavoidable casualtv, defendant not "in jeopardy." In re

Scrafford, Petitioner, 21 K. 746.

602 Appendix B.

Defendant has right to delay to compel attendance of witnesses. The State v. Roark,

23 K. 152.
Matters growing out of same difficulty may constitute two offenses. City of Olathe v.

Thomas, 26 K. 233.
Names of persons to whom liquor sold held not necessarj'. The State v. Schweiter,

27 K. 508.
Not necessary to state kind or class of liquor sold. The State v. Stearns, 28 K. 156.
Xot error to retain juror truth of whose opinion conceded The State v. Wells, 28 K. 322.
.Juror incompetent who had foi-med opinion founded on rumor only. The State v. Miller.

29 K. 47.
Not error to order expert examination of person of defendant. A. T. & S. F. Rid. Co. v.

Thnl, 29 K. 474.
State niav not treat trial of misdemeanor as mere preliminary. In re Donnelly, retitioner.

RO K. 197.
Entitled to jury on appeal if not in first instance. In re Rolfs, Petitioner, 30 K. 760_.
"Witness compelled to testify in proceedings in aid of execution. In re Burrows, retitioner,

.S3 K. 677.
Error to convict of offense not contemplated when information filed. The State v. Brooks,

33 K. 713.
Informntion held to comply with letter and spirit hereof. The State v. Whisner, 35 K. 276.
"AH prosecutions" held to mean for violating state laws only. The State, ex rel., v. City

of Topeka, 36 K. 87. o tt- '

Right to nrsument of counsel cannot be denied to defendant. The State v. verry,

36 K. 420.
Convic-tinn on one count precludes later trial as to others. The State v. McNaught,

36 K. 637.
Information, larceny prosecutions, must give definite description of property stolen. The

Stnte V. Tilney, 38 K. 714.
Entitled to discharge on habeas corpus when trial unnecessarily delayed. In re McMicken,

Petitinver, 39 K. 408.
Change of venue to be to county designated by defendant. The Stnte v. Knapp, 40 K. 149.
Not error to overrule motions failing to point out defects. The State v. Keno, 41 K. 679.
Juror not -mpartial who admits impression of guilt or innocence. The State v. Beatty,

45 K. 502.
Inducing witnesses to avoid process, accused not compelled to testify. In re Nickell,

Pelitinver. 47 K. 737.
Plea of guilty under fear of mob violence, not binding. The State v. Callioun, 50 K._ 532.
Change of venue cannot be made without consent of accused. Tlie State v. Kindig.

55 K. 117.
Propertv stolen, removed to another countv, larceny tried either place. The State v. Price.

55 K. 608; The State v. Wade, 55 K. 693.
Evidence on former trial not read without consent of defendant. The State v. Folk,

57 K. 257.
Defendant's consent necessary to reading of deposition taken by him. The State v.

Tomblin, 57 K. 843.
Error to compel defendants to plead in absence of counsel. The State v. ^loore, 61 K. 734.
Defendant's consent to eleven jurors in felony case, not binding. The State v. Simons.

61 K. 754.
•Jury trial does not extend to violation of city ordinances. In re Kinsel, 64 K. 3.
Plea of "former jeopardy" not good where former jury disagree. The Stale v. Alexander,

66 K. 730.
Evidence given by witness on former trial may be introduced. The State v. Nelson,

68 K. 566.

Defendant may be compelled to testify where immunity granted him. The State v. Jack.

69 K. 391.

Defendant may waive right to jury of twelve in misdemeanor. The State v. Wells,

69 K. 793.

Witness may be compelled to testify where immunity granted him. In re John Bell,

Petitioner, 69 K. 855.
Testimony given at preliminary introduced on trial on proper showing. The State v.

Harm"on, 70 K. 477.
Statements made by defendants out of court may be admitted. The State v. Inman.

70 K. 894. . __
Immunity from second jeopardy, personal privilege, which defendant may waive. ITie

State V. White, 71 K. 360. . . ™ q. .

Testimony given in civil case not admissible over defendant s objection. Tlie State v.
W'oods, 71 K. 658. • ^ m. o» »

Defendant not denied "speedy trial" pending appeal from motion by state. Ihe btate v.
Campbell, 73 K. 695. . „,, „. .

In contempt for violating injunction, defendant not entitled to jury. The State v. Ihomas,
74 K. 368. _

When jurv discharged on "accident" defendant may be tried again. The State v. Hans-
ford, 76 K. 681. . • v,

Where defendant produced revolver through intimidation evidence of same admissible.
The State v. Turner, 82 K. 794.

Verdict of acquittal cannot be set aside to any purpose. The State v. Lyon, 83 K. 168.

Jury having tried similar case with same witnesses not impartial. The State v. Hammon,

84 K. 141.

Purpose, to secure jury free from bias, prejudice or interest. The State v. btewart,

85 K. 404. , ^ T w 1
Nonresident father punished under desertion act when proper facts shown. In re Jiowies,

89 K. 433.

Annotated Constitution of Kansas. 603

Defendant in bastardv proceeding not entitled to jury. The State, ex rel., v. Herbert,

96 K. 490.
Accused waives constitutional guaranties by free plea of guilty. In re Mote, 98 K. 804.
Ch. 179, Laws 1913, "white slave law," valid. The State v. Pleeman, 102 K. 677.
Accused, notified, not objecting to jury visiting scene waives guaranty. The State v.

Stratton, 103 K. 227.
Testimony taken at witness' sick-bed in notified accused's absence, valid. The State v.

Van Wormer, 103 K. 322.
Cross-examination accused, testifying voluntarily, on statement made at "inquisition,"

proper. The State v. Harris, 103 K. 349.
Statute disinheriting spouse killina: consort-spouse in decedent's estate is constitutional.

Hamblin v. Marchant, 104 K. 693.

§ 115. The Press; Libel. § 11. The liberty of the press shall be in-
violate; and all persons may freely speak, write or publish their sentiments
on all subjects, being responsible for the abuse of such right; and in all
civil or criminal actions for libel, the truth may be given in evidence to
the jury, and if it shall appear that the alleged libelous matter was pub-
lished for justifiable ends, the accused party shall be acquitted.

Law applicable to civil and criminal cases distinguished and defined. Castle v. Houston,

19 K. 422.
"Truth" full defense to civil action for slander or libel. Mundy v. Wright, 26 K. 176.
All evidence admissible tending to prove truth of sta-tements made. The State v. May-

berrv, 33 K. 444.
Defendant need prove only truth and publication for justifiable ends. The State v. Verry,

36 K. 421.
Publication concerning attorney not privileged by connection with judicial proceedings.

The State v. Wait, 44 K. 316.
Publication devoted largely to scandals and immorality may be prohibited. In re Banks,

Petitioner. 56 K. 243.
Privileged publication and "liberty of the press" discussed at length. Coleman v. Mac-

Lennan, 78 K. 711.
Employer not compelled to state cause for discharge of employee. Railway Company v.

Brown, 80 K. 315.
Spoken words imputing unchastity actionable without proof of special damages. Cooper v.

Seaverns, 81 K. 271.

§ 116. No Person Tr.\nsported, etc. § 12. No person shall be trans-
ported from the state for any offense committed within the same, and no
Qonviction in the state shall work a corruption of blood or forfeiture of
estate.

Not violated by penalty for violation of intoxicating-liquor law. The State v. Snyder.

34 K. 426.
Husband inherits from deceased wife even though he murdered her. McAllister v. Fab-,

72 K. 533.
Statute disinheriting spouse killing consort-spouse does not work a forfeiture. Hamblin

V. Marchant, 103 K. 508.

§ 117. Treason. § 13. Treason shall consist only in levying war
against the state, adhering to its enemies, or giving them aid and comfort.
No i)erson shall be convicted of treason unless on the evidence of two wit-
nesses to the overt act, or confession in open court.

§ 118. Soldiers. § 14. No soldier shall, in time of peace, be cjuartered
in any house without the consent of the occupant, nor in time of war, except
as prescribed by law.

§ 119. Search and Seizure. § 15. The right of the people to be secure
in their persons and property against unreasonable searches and seizures,
shall be inviolate; and no warrant shall issue but on probable cause, sup-
ported by oath or affirmation, particularly describing the place to be
searched and the persons or property to be seized.

Defective verification waived by recognizance and consent to continuance. The State v.

Hook, 4 K. A. 454.
Complaint verified on hearsay and belief insuflScient to authorize warrant. The State v.

Gleason, 32 K. 249.
Defendant may, by conduct, waive objections to verification of complaint. The State v.

Blackman, 32 K. 617.
Where information, properly verified, states offense, clerk mav issue warrant. The State v.

Brooks, 33 K. 711.
.Vrresf for misdemeanor requires warrant unless officer sees offense committed. In re

Kellam, Petitioner, 55 K. 702.

604^ Appendix B.

Warrant may issue when complaint regular in form and verified. The State v. Carey,

56 K. 86.
Warrant may issue only upon complaint duly sworn to. Topeka v. Raynor, 61 K. 12.
Section not violated in compelling banker to disclose depositor's account. In re Davies,

68 K. 795.
When complaint properly filed and verified "John Doe" warrant may issue. The State v.

King. 71 K. 289.
Giving recognizance without objection to warrant waives objection to verificaiion. The

State V. Miller, 87 K. 455.

§ 120. Imprisonment for Debt. § 16. No person shall be imprisoned
for debt, except in cases of fraud.

Act authorizing arrest and imprisonment on plaintiff's affidavit alone, unconstitutional.

Jn re Roberts, Petitioner, 4 K. A. 296.
<,iarnishee cannot be imprisoned for failure to pay his debt. Board of Education v.

Scoville, 13 K. 33.
Prosecuting witness in misdemeanors, certain cases, imprisoned till costs paid. In re

John Ebenhack, Petitioner, 17 K. 622.
Bond given when debtor only in custody, held valid. Doyle v. Boyle, 19 K. 172,
Fraud must be clearlv shown to sustain imprisonment for debt. Tennent, Walker & Co. v.

Weymouth & Golden, 25 K. 23.
Affidavit must show grounds provided for arrest or proceedings void. Hauss v. Kohlar,

25 K. 644.
Bill of rights not mere collection of glittering generalities. Atchison Street Rly. Co. t.

Mo. Pac. Rly. Co., 31 K. 665.
In proceedings in aid of execution, court may imprison for contempt. In re Burrows,

Petitioner, 33 K. 680.
Imprisonment under bastardy act does not violate this section. In re Wheeler, Petitioner,

34 K. 97.
Imprisonment for failure to pay costs, not imprisonment for debt. In re Boyd, Petitioner,

34 K. 574.

Imprisonment for failure to pay road tax does not violate. In re Dassler, Petitioner,

35 K. 678.

Kxecution against person of judgment debtor not forbidden by section. In re Heath,

Petitioner, 40 K. 337.
Secti'^n wou'd not compel legislature to imprison for fraudulent debt'. The State v. Weiss,

84 K. 168.
In coiivic'ion of fraud, imprisonment of person may be decreed. Tatlow v. Bacon,

100 K. 29.

§ 121. Property Rights of Citizens and Aliens. § 17. No distinc-
lion shall ever be made between citizens of the state of Kansas and the
citizens of other states and territories of the United States in reference to
the purchase, enjoyment or descent of property. The rights of aliens in
reference to the purchase, enjoyment or descent of property may be regu-
lated by law.

This section was submitted by the legislature at the session of 1887 (L. 1887, sen-
ate joint resolution No. 6), and was adopted by the people at the election held in
November, 1888. Original section 17 was as follows:

"§ 17. No distinction shall ever be made between citizens and aliens in reference
to the purchase, enjoyment or descent of property."

.'Vttachment against nonresidents without undertaking .does not violate this section. Head

v. Daniels, 38 K. 10.
Husband conveying lands when wife nonresident, wife retains no interest. Bufflngton v.

Grosvenor, 46 K. 733.
Attachment against nonresident executor on obligation of nonresident not violative.

Manley v. Mayer, 68 K. 380.
<'omnion-law right of aliens abrogated by original section 17. Madden v. The State,

68 K. 660.
Under original section statute descents and distributions applied to aliens. Sparks v.

Bodensick, 72 K. 7.
Secti"n authorizes legislature to regulate, not to prohibit, nlions inheriting. The State v.

Ellis, 72 K. 290.
Legislature can now regulate right of aliens holding real estate. Cramer v. McCann,

83 K. 723.
Amendment of this section without statute reinstated the common-law rule. Johnson v.

Olson, 92 K. 821.

§ 122. Justice Without Delay. § 18. All persons, for injuries suf-
fered in person, reputation or proi)erty, shall have remedy by due course of
law, and justice administered without delay.

"Due process of law" decisions have little application in Kansas^ Gilchrist v. Schmidling,

12 K. 271.
Granting attorney fees in actions for killing stock, not unconstitutional. K. P. Rly. Co. v.

Mower, 16 K. 582.

Annotated Constitution of Kansas.

605

Redress for all injuries suffered provided for in "civil action." A. T. & S. F. Rid. Co. v.

Rice, 36 K 599.
Section not violated by ordinance providing extension of city limits. Callen v. Junction

City, 43 K. 629.
Cited in case discussing jurisdiction writ of error coram nohw. The State v. Calhoun,

50 K. .532.
"Occupying-claimant act" does not conflict with this section. Deitzler v. Wilhite, 55 K. 203.
Legislative investigating committee not given power to imprison for contempt. In v

Davis, 58 K. 373.
Attorneys* fees in action against railroads for causing fire, constitutional. Railroad Co. r.

Matthews, 58 K. 450.
Act providing for condemnation of site for schoolhouse, held valid. Buckwalter v. School

District, 65 K. 606.
"Remedv" means by tribunal having jurisdiction ; section not satisfied otherwise. Hanson

V. Krehbiel. 68 K. 672.
Words of section not given unlimited signification in all cases. Cokma'n v. MacLennan,

78 K. 722.
Common-law interpretation not strictly applied in slander by spoken words. Cooper ▼.

Seaverns, 81 K. 284.
Mere irregularity in administering law does not deny constitutional right. Griggs v.

Hanson, 86 K. 632.
Workmen's compensation act of 1911 does not violate this section. Shade v. Cement Co.,

93 K. 257, 258.
Every person is entitled to contract relative to his employees. Coppage v. Kansas, 236

U. S. 23.
Court denying divorce may, nevertheless, divide property between the parties. Putnam ▼.

Putnam, 104 K. 51.

§ 123. Emoluments, etc. § 19. No hereditary emoluments, honors,
or privileges shall ever be granted or conferred by the state.

§ 124. Powers Not Delegated. § 20. This enumeration of rights shall
not be construed to impair or deny others retained by the people; and all
powers not herein delegated remain with the people.

Legislative power not given to courts. Appeals regulated by legislature. Coleman v.
Newby, 7 K. 87.

Legislative power includes power to authorize municipal aid to railroads. Leavenworth
County V. Miller, 7 K. 490.

Consent of leeislature to alienation of public grounds is binding. Comm'rs of Franklin
Co. V. Lathrop, 9 K. 463.

Powers of people limited only by absolute justice a-nd constitution. Wright v. Noell, 16
K. 603.

Bill of riehts not a mere collection of glittering generalities. Atchison Street Rly. Co. r.
Mo. Pac. Rly. Co., 31 K. 665.

Legislative powers are limited only by state and federal constitutions. Ra^diff v. Stock-
yards Co., 74 K. 6.

ARTICLE 1.— Executive.

GOVKRNOR.

§1. Executive department; elected for two
years; term, when to begin.

2. Elections, how returned ; state canvass-

ers; case of equal vote.

3. Supreme executive powers vested in

governor.

4. May require information in writing.

5. Convene legislature on extraordinary

occasions; messages; recommend
measures.

6. May adjourn both houses in certain

cases.

7. Pardoning power.

8. State seal to be kept by governor.

9. Commissions, issued, sisned and sealed.
10. Certain officers not eligible as governor.

jH. In case of vacancy, lieutenant gover-
nor to act residue of term.

LIEUTENANT GOVERNOR.

12. Lieutenant governor president of

senate; shall vote when; president
pro tempore.

13. Case of vacancy in office of lieutenant

governor or when acting as gov-
ernor.

MISCELLANEOUS.

14. Vacancies in other offices of executive
department.

15. Pay of officers of executive depart-
ment ; neither increased nor di-
minished during term.

16. Officers to report to governor befora
each session of legislature.

§ 125. Executive Department. § 1. The executive department shall
consist of a governor, lieutenant governor, secretary of state, auditor, treas-
urer, attorney-general, and superintendent of public instruction; who shall
be chosen by the electors of the state at the time and place of voting for
members of the legislature, and shall hold their offices for the term of two
years from the second Monday in January next after their election, and
until their successors are elected and qualified.

606 Appendix B.

"Members of legislature" includes members of both branches of legislature. The State,
ex rel., v. Robinson, 1 K. 17.

Legislative department of government separate and distinct from other departments. Cole-
man V. Newby, 7 K. 87.

When other adequate remedy, attorney-general cannot enjoin tax collection. The State v.
McLaughlin, 15 K. 232.

Legislature not forbidden to confer power on attorney-general and assistants. In re Gil-
son, Petitioner, 34 K. 643.

Performance of purely ministerial duties of governor controlled by mandamus. Martin,
Governor, v. Ingham, 38 K 645.

Legislative, judicial and administrative functions cannot be commingled and interwoven.
The State v. Johnson. 61 K. 811.

This section cited in construins; section 12, article 3. The State v. Andrews, 64 K. 495.

Dissenting opinion. — State government not modeled on cabinet system. The State, ex rel.,
v. Dnwson, 86 K. 192.

Duties of auditor because undefined are those of common law. Hicks v. Davis, 100 K. 5.

§126. Election; Canvass; Tie. §2. Until otherwise provided by-
law, an abstract of the returns of every election, for the officers named in
the foregoing section, shall be sealed up and transmitted by the clerks of
the boards of canvassers of the several counties, to the secretary of state,
who, with the lieutenant governor and attorney-general, shall constitute a
board of state canvassers, whose duty it shall be to meet at the state capital
on the second Tuesday of December succeeding each election for state offi-
cers, and canvass the vote for such officers and proclaim the result ; but in
ca.se any two or more have an equal and the highest number of votes, the
legislature shall by joint ballot choose one of said persons so having an
equal and the highest number of votes for said office.

Phrase, "the legislature shall by a' joint ballot," defined. Prouty v. Stover, Lieut. Governor,
11 K. 257.

§ 127. Governor. § 3. The supreme executive power of the state shall
be vested in a governor, who shall see that the laws are faithfully executed.

Legislative, executive and judicial departments of government separate and distinct. Cole-
man V. Newby, 7 K. 87.

Performance of purely ministerial duties of governor controlled by mandamus. Martin,
Governor, v. Ingham, 38 K. 645.

Govern'T require examinition of witnesses by attorney-general under prohibitory law.
The State, ex rel., v. Dawson, 86 K. 187.

§ 128. Require Tneoriniation. § 4. He mav require information in
writing from the officers of the executive department, upon any subject re-
lating to their respective duties.

Governor require examination of witnesses by attorney-general under prohibitory law. The
State, ex rel., v. Dawson, 86 K. 187.

§129. Convene Lecislatttre ; Message. ? 5. He may, on extraordi-
nary occasions, convene the legislature by proclamation, and shall, at the
commencement of every session, communicate in writing such information
as he may possess in reference to the condition of the state, and recom-
mend such measures as he may deem expedient.

Dissenting opinion. — Governor must necessarily decide which body constitutes house. In re

Gunn, Petitioner. 50 K. 2.'")0.
Legis'ation demanded respecting freight rates, authorized governor to convene legislature.

Farrelly v. Cole, 60 K. 362.

§ 130. Ad.tottrn Legislatttre. § 6. Tn case of disasreement between
the two houses in respect to the time of adjournment, he mav ad'ourn the
lesrislature to such time as he may think proper, not beyond its regular
meeting.

Dissenting opinion. — Governor must determine which body constitutes house. In re Gunn,
50 K. 250.

§131. Pardons. §7. The pardoninc power shall be vested in the
governor, under regulations and restrictions prescribed by law.

Not violated by "parole law" conferring power on district court. Mikesell v. Wilson
County, 82 K. 504.

Annotated Constitution of Kansas. 607

§ 132. Seal. § 8. There shall be a seal of the state, which shall be
kept by the governor, and used by him officially; and which shall be the
great seal of Kansas.

§ 133. Commissions. § 9. All commissions shall be issued in the name
of the state of Kansas, signed by the governor, countersigned by the secre-
tary of state, and sealed with the great seal.

§ 134. Who Ineligible. § 10. No member of congress, or officer of
the state, or of the United States, shall hold the office of governor, except as
herein provided.

Acceptance of specified offices vacates oflSce of governor. The State, ex rel., v. Cobb, 2 K. 57.

§135. Vacancy. §11. In case of the death, impeachment, resigna-
tion, removal or other disability of the governor, the power and duties of
the office for the residue of the term, or until the disabifity shall be re-
moved, shall devolve upon the president of the senate.

§ 136. Lieutenant Governor. § 12. The lieutenant governor shall
be president of the Senate, and shall vote only when the senate is equally
divided. The senate shall choose a president pro tempore, to preside in case
of his absence or impeachment, or when he shall hold the office of governor.

Bill not necessarily signed by presiding officer to beconae law. Comm'rs of Leavenworth
Co. V. Higginbotham, 17 K. 75.

§ 137. Vacancy. § 13. If the lieutenant governor, while holding the
office of governor, shall be impeached or displaced, or shall resign or die, or
otherwi.=!e become incapable of performing the duties of the office, the
president of the senate shall act as governor until the vacancy is filled, or
the disability removed; and if the president of the senate, for any of the
above causes, shall be rendered incapable of performing the duties pertain-
ing to the office of governor, the same shall devolve upon the speaker of
the house of representatives.

§ 138. Other Vacancies. § 14. Should either the secretary of state,
auditor, treasurer, attorney-general, or superintendent of public instruction,
become incapable of performing the duties of his office for any of the causes
specified in the thirteenth section of this article, the governor shall fill the
vacancy until the disability is removed, or a successor is elected and quali-
fied. Every such vacancy shall be filled by election, at the first seneral
election that occurs more than thirty days after it shall have happened;
and the person chosen shall hold the office for the unexpired term.

§139. Compensation. §15. The officers mentioned in this artif^le"
shall, at stated times, receive for their services a compensation to be estab-
lished by law, whii^h shall neither be increased nor diminished during the
period for which they shall have been elected.

Section discussed in case concerning appropriation for maintaining executive residence.

Bailey v. Kelly, 70 K. 874.
Section applipd to fees allowed auditor of state. Nation v. Tulley, 86 K. 568.
Statute providing for fees to attorney-general under prohibitory law, valid. The State v.

Bland, 91 K. 166.

§ 140. Officers to Report. § 16. The officers of the executive de-
partment, and of all public state institutions, shall, at least ten days pre-
ceding each regular session of the lesislature, severally report to the gov-
ernor, who shall transmit such reports to the legislature.

Governor mav require attornev-seneril to examine witnesses under prohibitory law. The
State, ex 'rel., v. Dawson, 86 K. 187. ,

608

Appendix B.

ARTICLE 2.— Legislative.

§1. Legislative power, how vested.

2. House of representatives; senate; num-

ber limited; basis of representation.

3. Pay of members; mileage; limit.

4. Qualification of members.

5. Members of congress, etc., not eligible ;
acceptance to vacate seat.

Embezzlement or misuse of public

funds, to forfeit seat.
Oath of office of state officers.
Quorum ; rules ; judges of election of
members.
9. Vacancies in either house.

10. Journals; yeas and nays; adjourn-
• ment.

11. Right of protest; to be entered upon

journals.

12. Origin of bills; amendments.

13. Majority elected necessary to pass

bills.

14. To be signed by governor ; veto power.

15. To be read on three separate days;

when this rule may be suspended.

16. Bills to embrace but one subject;

laws, how revived or amended.

7.
8.

§17. General laws to be uniform in op^a-
tion; special laws.

18. No divorces to be granted by legis-

lature.

19. Publication of laws; power to pro-

vide for officers; vacancies.

20. Enacting clause; no law except by

bill.

21. Local legislation may be allowed.

22. Freedom of debate; privilege of mem-

bers.

23. Schools ; no distinction between sexes

as to rights.

24. Money to be drawn from treasury by

law ; appropriations limited to two
years.

25. Sessions held at state capital; when

to commence.

26. Census once in ten years — in 1865

and after.

27. Impeachments; to be tried by senate.

28. Officers liable to impeachment; limit

of judgment ; further trial.

29. General election in 1876; thereafter

elect members of house for two
years, senate four years.

§ 141. Legislative Power. § 1. The legislative power of this state
shall be vested in a house of representatives and senate.

Corporations rightful subject of legislation; grant includes right to create. The City of

Atchison v. Bartholow, 4 K. 142.
Legislative, executive and judicial powers of government, separate and distinct. Coleman

V. Newby, 7 K. 87.
Legislature no inherent power, but i)eople may delegate any power. Leavenworth County

V. Miller, 7 K. 489.
Legislative power delegated included power to pass mill-dam act. Harding v. Punk,

8 K. 323.
Delegation of limited legislative power to county commissioners, uot prohibited. Noffzig-

ger V. McAllister, 12 K. 320.
WTiole power of organizing new counties belongs to legislature. The State, ex rel., v.

Comm'rs of Pawnee Co., 12 K. 438.
Legislature may authorize county commissioners to remove treasurer for cause. The

State, ex rel., v. Majors, 16 K. 444.
Legislature not prohibited by the constitution from enacting retrospective laws. Comm'rs

of Sedgwick Co. v. Bunker, 16 K. 504.
Powers exercised by court in extending city limits are judicial. Callen v. Junction City,

43 K. 630.
Dissenting opinion. — Section cited showing legislative branch separate from others. In re

Gunn, Petitioner, 50 K. 219.
Legislative power delegated only to some tribunal transacting county business. Comm'rs

of Wyandotte Co. v. Abbott, 52 K. 160.
Legislative, executive and judicial powers cannot be commingled and interwoven. The

State V. Johnson, 61 K. 812.
Retrospective law legalizing warrants, encroachment of legislative upon judicial powers.

Felix V. Wallace County, 62 K. 832.
Powers exercised by court in extending city limits are judicial. Eskridge v. Emporia.

63 K. 369.
In readjusting official terms legislature may create an exceptional term. Wilson v. Clark,

63 K. 510.

Legislature in certain cases may create exceptional terms of office. The State v. Andrews,

64 K. 497. .

Change of corporate limits by petition before district court, unconstitutional. Hutchinson

V. Leimbach, 68 K. 43.
Legislative power is limited only by state or federal constitution. Ratcliflf v. Stock yards

Co., 74 K. 16.
Authority for establishing municipal courts is derived from this section. The State v.

Keener, 78 K. 651.
Commind in constitution does not add to power of legislature. The State v. Lawrence,

79 K. 279.
This section not violated by the initiative and referendum law. The State, ex rel., v.

City of Hutchinson, 93 K. 408.
Legislature had authority to enact bank guaranty law. Assaria State Bank v. DoUey,

219 D. S. 121.
"City manager plan act" not delegation of legislative power. The State, ex rel., v. City of

Wichita. 100 K. 401.

Annotated Constitution of Kansas. 609

Legislative grant regulating use of explosives not delegation of power. Richards v. Coal

Co., 104 K. 332.
Oh. 284, Laws 1917 (formation rural high schools) not delegation of power. The State,

ex rel., v. Lamont, 105 K. 134.

§142. Senators and Representatives; Number. §2. The number
of representatives and senators shall be regulated by law, but shall never
exceed one hundred and twenty-five representatives and forty senators.
From and after the adoption of the amendment the house of representa-
tives shall admit one member for each county in which at least two hun-
dred and fifty legal votes were cast at the next preceding general election;
and each organized county in which less than two hundred legal votes
were cast at the next preceding general election shall be attached to and
constitute a part of the representative district of the county lying next
adjacent to it on the east.

This section was submitted by the legislature at the session of 1873 (Laws 1873,
ch. 134), and was adopted by the people at the general election held November 4, 1873.
Original section 2 was as follows:

"§ 2. The tirst house of representatives under this constitution shall consist of
seventy-five members, who shall be chosen for one year. The first senate shall consist
of twenty-five members, who shall be chosen for two years. After the first election,
the number of senators and members of the house of representatives shall be regulated
by law; but shall never exceed one hundred representatives and thirty-three senators."

Legislature, sole right to judge elections and qualifications of members. The State, ex rel.,
▼. Tomlinson, 20 K. 704.

Votes of members in excess of 125 cannot be counted. The State, ex rel., v. Francis, Treas.,
26 K. 737.

§ 143. Compensation of Members. § 3. The members of the legis-
lature shall receive as compensation for their serAdces the sum of three
dollars for each day's actual service at any regular or special session, and
fifteen cents for each mile traveled by the usual route in going to and re-
turning from the place of meeting; but such compensation shall not in the
aggregate exceed the sum of two hundred and forty dollars for each mem-
ber as per diem allowance for the first session held under this constitution,
nor more than one hundred and fifty dollars for each session thereafter, nor
more than ninety dollars for any special session.

§ 144. Qualifications. § 4. No person shall be a member of the legis-
lature who is not at the time of his election a qualified voter of, and a
resident in, the county or district for which he is elected.

§ 145. Who Not Eligible. § 5. No member of congress or officer of
the United States shall be eligible to a seat in the legislature. If any per-
son, after his election to the legislature, be elected to congress or elected or
appointed to any office under the United States, his acceptance thereof
shall vacate his seat.

Purpose is to create vacancy upon acceptance of specified offices. The State, ex rel., v.

Cobb, 2 K. 57.
Dissenting opinion. — Disability refers to time the person chosen. In re Gunn, Petitioner,

50 K. 268.

§ 146. Same. § 6. No person convicted of embezzlement or misuse of
the public funds shall have a seat in the legislature.

§ 147. Officers to Take Oath. § 7. All state officers before entering
upon their respective duties shall take and subscribe an oath or affirmation
to support the constitution of the United States and the constitution of
this state, and faithfully to discharge the duties of their respective offices.

§148. Quorum; Rules. §8. A majority of each house shall consti-
tute a quorum. Each house shall establish its own rules; and shall be
judge of the elections, returns and qualifications of its own members.

Legislature itself may provide more than majority for certain acts. Prouty v. Stover.
Lieut. Governor, 11 K. 255.

39 — 778

610 Appendix B.

Legislature cannot delegate power to judge qualifications of its members. The State,

ex rel., v. Gilmore. 20 K. 554.
Legislature, sole right to judge elections and qualifications of members. The State, ex rel.,

V. Tomlinson, 20 K. 703.
Dissenting opinion. — Origin of clause relative to qualifications commented on. In re

Gucn, Petitioner, 50 K. 218.

§ 149. Vacancies. § 9. All vacancies occurring in either house shall
be filled for the unexpired term by election.

§150. Journal; Yeas and Nays; Adjournment. §10. Each house
shall keep and publish a journal of its proceedings. The yeas and nays
shall be taken and entered immediately on the journal, upon the final pas-
sage of every bill or joint resolution. Neither house, without the consent
of the other, shall adjourn for more than two days, Sundays excepted.

Legislature may authorize senate to adjourn legally to later period. The State, ex rel., v.

Hillyer, 2 K. 29.
House adopted amendment, no record of yeas and nays, valid. Hayes v. Heller, 12 K. ,^92.
Procedure relative to yeas and nays discussed at length. Division of County of Howard,

15 K. 194.
Laws to be sustained unless clear showing of invalidity made. Comm'rs of Leavenworth

County V. Higginbotham, 17 K. 62.
Dissenting opinion. — Court, determining validity, must go behind enrolled bUl. In re

Gunn. Petitioner, 50 K. 257.
Enrolled statute imports absolute verity unless journals clearly show irregularity. The

Slfite V. Andrews, 64 K. 474.
Law sustained unless clear affirmative showing of invalidity by journals. Stephens t

Labette Co., 79 K. 159.
Ch. 346, Laws 1917, "Gage's Lincoln statue" resolution meets requirements of a bill

The State, ex rel, v. Knapp, 102 K. 705.

§ 151. Protest. § 11. Any member of either house shall have the
right to protest against any act or resolution ; and such protest shall, with-
out delay or alteration, be entered on the journal.

Legislative journals and enrolled bills, only legislative records required. Division of
County of Howard, 15 K. 210.

§ 152. Bills. § 12. Bills may originate in either house, but may be
amended or rejected by the other.

This section was submitted by the legislature at the session of 1864 (Laws 1864,
ch. 44), and was adopted by the people at the general election, held November 8, 1364.
Original section 12 was as follows:

"§ 12. All bills shall originate in the house of representatives, and be subject to
amendment or rejection by the senate."

§ 153. Passage of. § 13. A majority of all the members elected to
each house, voting in the afl[irmative, shall be necessary to pass any bill or
joint resolution.

Legislature may regulate joint conventions and prescribe number votes required. Prouty

V. Stover, Lievt. Governor, 11 K. 257.
Yeas and nays not shown on journal, law upheld. Hayes v. Heller, 12 K. 392.
Legislative journals and enrolled bills only records required, import verity. Division of

County of Howard. 15 K. 194.
May votes of members exceeding constitutional limit be counted? The State, ex rel., v.

Tomlinson, 20 K. 704.
Votes of members in e.x'ess of constitutional limit not counted. The State, ex rel., v.

Francis, Trens.. 26 K. 724.
Ch. 346, Laws 1917. "Gage's Lincoln statue" resolution, is a bill. The State, ex rel., v.

Knapp. 102 K. 705.

§154. Signing of Bill; Veto. §14. Every bill and joint resolution
passed by the house of representatives and senate shall, within two days
thereafter, be signed by the presiding officers, and presented to the gover-
nor; if he approve, he shall sign it; but if not, he shall return it to the
house of representatives, which shall enter the objections at lar.e upon
its journal and proceed to reconsider the same. If, after such reconsi 'era-
tion, two-thirds of the members elected shall agree to pass the bill or
resolution, it shall be sent, with the objections, to the senate, by which it
shall likewise be reconsidered, and if approved by two-thirds of all the

Annotated Constitution of Kansas. 611

members elected, it shall become a law; but in all such cases the vote shall
be taken by yeas and nays, and entered upon the journal of each house.
If any bill shall not be returned within three days (Sundays excepted)
after it shall have been presented to the governor, it shall become a law
in like manner as if he had signed it, unless the legislature, by its adjourn-
ment, prevent its return, in which case it shall not become a law. If any
bill presented to the governor contains several items of appropriation of
money, he may object to one or more of such items, while approving the
other portion of the bill; in such case he shall append to the bill, at the time
of signing it, a statement of the item or items to which he objects, and the
reasons therefor, and shall transmit such statement, or a copy thereof, to
the house of representatives, and any appropriations so objected to shall
not take effect unless reconsidered and approved by two-thirds of the
members elected to each house, and, if so reconsidered and approved,
shall take effect and become a part of the bill, in which case the presiding
officers of each house shall certify on such bill such fact of reconsideration
and approval.

This amendment of section 14, article 2, of the constitution, was suhmitted by the
leeis'anirp .-it the session of 1903 (1j. 1903, rh. 545), and was adopted bv the people
at the election held in November, 1904. The orisinal section was as follows:

"§ 14. Every bill and joint resolution passed by the house of representatives and
senate shall, within two da\s thereafter, be sisrned by the presidins o»ficers. and pre-
sented to the governor: if he approve, he shall sisrn it: but if not. he shall return it to
the house nf representatives, which shall enter the objections at Inrsre upon its journal
and proceed to reconsider the same If, after such reconsideration, two-thirds of the
members elected shnll a^rce to p-iss the V>'" or re^o'u'ion. it shall bn spi!t. vvi'h the
ob.iei-tinns, to the senate, bv which it shall likewise be reconsidered, and if approved by
two-thirds of all the members e'ected. it shall becme a law. But in all such cases,
the vote shall be taken by yeas and nays, and en'ered upon the journals of each
house. If anv bill shall not be returned within three davs (Sundays ex<ep'ed) after
it shall have been presented to the eovernor. it shall become a law in like manner as
if he had sisned it. unless the le?rislature, by its adjournment, prevent its return, in
which case if shall not become a law."

Annotations to original section:

Proce'liire in passing bills discussed at length. Division of Countv of Howard,
1.5 K. 209.

Signature of presiding: officer of senate not essential to validity. Comm'rs of Leaven-
worth Co. V. Higginbotham. 17 K. 7.5.

Bill n"t affected bv message of governor after signing and depositing. The State v.
V>hisner. 35 K. 280.

Annotations to section as amended :

Section presumed comp'ied with unless journals aiBrmativelv, clearly show contrary.

Bp]ievi"e V. WePs. 74 K. 821.
Court will examine leffis'ative journals in connection with enrolled bills. Railway Co.

V. Simons. 75 K. 132.
"Wi»hin thrpp davs" computed bv excluding day bill presented. The State v. Sessions,

84 K. 862.
Ch. 346. I-aws 1917. in form a resolution, in essentials a bill, signed, law. The

State, ex rel., v. Knapp, 102 K. 703.

§155. BF.AmxG OF. S 15. Everv bill shall be read on three separate
days in each house, unless in case of emergency. Two-thirds of the house
where such bill is pending: may, if deemed expedient, suspend the rules;
but the read^ns of the bill by sections on its final passage shall in no case
be dispensed with.

Leffislature determines existence of emergency, need not enter on journal. Weyand v.

Stover. Trias.. 35 K. 552.
Sectif)n is individual unit: bill must be read by sections. The State v. Carter. 74 K. 162.
Presumed section complied with when journal does not show contrary. The State v.

Railway Co.. 96 K. 609.

§156. One Sub.tect; Titt.e of Att; Amendments. §16. No bill
shall contain more than one subject, which shall be clearly expressed in its
title, and no law shall be revived or amended unless the new act contain
the entire act revived or the section or sections amended, and the section
or sections so amended shall be repealed.

612 Appendix B.

Operation of act restricted to statement of title. City of Concordia v. Hagaman, 1 K. A. 35.
Does not apply to acts before constitution went into eflfeet. Laurent v. The State,

1 K. 313.
Law not revived by repeal of amending act. Renter v. Bauer, 3 K. 503.
Section applied to similar law for construction of city ordinances. City of Troy v. A. & N.

Railroad Co., 11 K. 532.
Provisions of this section are mandatory, not merely directory. County of Sedgwick v.

Bailey, 13 K. 607.
Title broad and comprehensive as legislature chooses to make it, valid. Division of Count}'

of Howard, 15 K. 215.
Laws may be repealed by virtue of this section. Tootle v. Savage, 18 K. 194.
New statute supersedes old by virtue of this section. Comm'rs of .Tefferson Co. v. Hudson,

20 K. 72.

Acts amending section of prior statute treated as single statute. Evans and Nelson v.

Adams, 21 K. 119.
Compliance with requirements of this section, discussed. City of Eureka v. Davis,

21 K. 579.

This section does not apply to city ordinances. City of Humboldt v. McCoy, 23 K. 249.
Requisites of compliance with this section, discussed at length. The State v. Barrett,

27 K. 217.
Repeal by implication under this section, discussed. Stephens v. Ballou, 27 K. 594.
Enactments at same legislature concerning same subject matter, construed together. In re

Hall. Petitioner. 38 K. 670.
Title need only state general scope and purpose of act. Lynch v. Chase, 55 K. 376.
What covered by title, discussed. Rogers v. Morrill, 55 K. 737.
"Municipal corporations" in title to act mav include township. Rathbone v. Hopper,

57 K. 240.
Earlier act repealed by later law covering same subject. The State v. Countryman,

57 K. 823.
Section applies to bills which change law by repealing acts. The State v. Sholl, 58 K. 507.
Courts mav refer to the title in ascertaining legislative intent. Baker v. Land Companv,

62 K. 79.
Words eliminated from title to give proper meaning to it. Allen v. Hopkins, 62 K. 180.
Where restrictive title used, act must come within its meaning. Topeka v. Wood,

62 K. 810.
Part of act not included in the title, held invalid. Enterprise v. Smith, 62 K. 815.
Comprehensiveness of title to act, discussed. Otto v. Hare, 64 K. 81.
Section to be liberally construed to sustain act. Stewart v. Thomas, 64 K. 515.
Title may be broader than the act itself. Ash v. Thorp, 65 K. 60.
Provision must clearly show intention to take place of former. Gilbert v. Craddock,

67 K. 346.
Statutes not declared repealed by implication unless clearly repugnant. Newman v. Lake,

70 K. 849.
Act held good where subject matter is germane to title. In re Schley, 71 K. 266.
Statutes effecting amendment by implication, not within purview of section. Parker-Wash-
ington Co. v. Kansas City, 73 K. 722.
Compiler divided section, amendment contained only one part, held unconstitutional. The

State V. Carter, 74 K. 156.
Section is to keep members of legislature from being misled. Getty v. Holcomb, 79 K. 226.
Section liberally construed to sustain act. The State v. Topeka Club, 82 K. 756.
Legislature may extend provisions of existing statute to new subject. State v. Board of

Comm'rs of Shawnee County, 83 K. 199.
Similar legislative enactment applied to city ordinances. City of Winfield v. Hackney,

87 K. 858.
Section while not invoked so frequently is still in force. The State, ex rel., v. Dawson,

90 K. 841.
Sufficiency of city ordinance title not determined by this section. De Priest v. City of

Salina, 101 K. 813.
Requirement does not apply to amendments by necessary implication. The State v.

Coletti, 102 K. 525.
Following acts held valid, not in conflict with this section:

Ch. 140, Laws of 1895. Higgins.v. Mitchell County, 6 K. A. 314.

Ch. 217, Laws of 1895. Inlow v. Graham County, 6 K. A. 391.

Ch. 126, Laws of 1895. Lowe v. Bourbon County, 6 K. A. 603.

Sec. 4, ch. 177, Laws of 1879. Ireton v. Laubner, 9 K. A. 561.

Taxes as between grantor and grantee. Gen. Stat. 1868. Greer v. McCarter, 5 K. 22.

Taxation ; statute of limitations relative to tax deeds. Bowman et al. v. Cockrill,
6 K. 333.

Ch. 37, Laws of 1863. Davis v. Turner, 21 K. 131.

Sec. 2, ch. 86, Gen. Stat. 1868. City of Eureka v. Davis, 21 K. 578.

Sec. 6, ch. 79, Laws of 1873. In re Holcomb, Petitioner, 21 K. 628.

Sec. 174, art. 14, ch. 81, Gen. Stat. 1868. Martin v. Borgman, 21 K. 672.

Sec. 4, ch. 149, Laws of 1879. The State, ex rel., v. Ewing, 22 K. 708.

Sees. 9 and 10 of dramshop act. Werner v. Edmiston, 24 K. 147.

Art. 17 of code of criminal procedure, i Woodruff v. Baldwin, 23 K. 491.

Sec. 31, ch. 72, Laws of 1873. Philpin v. McCarty, Supt.; 24 K. 393.

Ch. 34, Laws of 1876. Keith v. Keith, 26 K. 39.

Ch. 29, Laws of 1869. Comm'rs of Marion County v. Comm'rs of Harvey County,
26 K. 196.

Ch. 113, Laws of 1877. Comm'rs of Norton County v. Shoemaker, 27 K. 77.

Sec. 21, ch. 128, Laws of 1881. The State v. Schweiter, 27 K. 500.

Annotated Constitution of Kansas. 613

Sec. 15, ch. 128, Laws of 1881. Jockers v. Borgman, 29 K. 109.

Sec, 13, ch. 25, Laws of 1879. Burroughs v. Comm'rs of Norton County, 29 K. 197.

Sec. 3, ch. 128, Laws of 1881. The State v. Curtis, 29 K. 384.

Sees. 303-305, Comp. Laws of 1879. John v. Reaser, 31 K. 406.

Sec. 18, prohibitory liquor law of 1881. Hardten v. The State, 32 K. 637.

Sec. 15, ch. 128, Laws of 1881. Durein v. Pontius, 34 K. 353.

Sec. 18, prohibitory liquor law of 1881. The State v. Snyder, 34 K. 425.

Ch, 80, Laws of 1883. Weyand v. Stover, Treas., 35 K. 551.

Ch. 146, Laws of 1873. City of Wichita v. Burleigh, 36 K. 41.

Ch. 75, Laws of 1886. Comm'rs of Cherokee County v. The State, ex rel., 36 K. 337.

Ch. 104, Laws of 1883. The State v. Brown, 38 K. 390.

Sec. 4, ch. 179, Laws of 1887. The State, ex rel., v. Cross, 38 K. 696.

Proviso contained in sec. 1, ch. 128, Laws of 1887. The State, ex rel., v. Comm'rs of

Haskell County, 40 K. 65.
Ch. 155, Laws of 1885. Mo. Pac. Bly. Co. v. Merrill, 40 K. 404.
Ch. 60, Laws of 1875. The State, ex rel., v. Comm'rs of Kiowa County, 41 K. 630.
Ch. 114, Laws of 1889. The State, ex rel., v. Sanders, 42 K. 230.
Part of sec. 15, ch. 80, Laws of 1879. The State v. Bush, 45 K. 138.
Sec. 7, ch. 138, Laws of 1889. Comm'rs of Norton County v. Snow, 45 K. 332.
Ch. 257, Laws of 1889, so far as relates to insurance. In re Pinkney, Petitioner,

47 K. 89.
Ch. 61, Laws of 1891. Comm'rs of Barber County v. Smith, 48 K. 332.
Ch. 134, Laws of 1887. Elevator Co. v. Stewart, 50 K. 378.
Sec. 4, ch. 165, Laws of 1887. The State v. Campbell, 50 K. 433.
Chs. 63 and 64, Laws of 1886. The State, ex rel., v. Kansas City, 50 K. 508, 521.
Ch. 102, Laws of 1879. Calloway v. Cooley, 50 K. 743.
Ch. 98, Laws of 1893. The State, ex rel., v. Lewelling, 51 K. 562.
Sec. 1, ch. 131, Laws of 1889 (sec. 422o, Civil Code). Berry v. K. C. Ft. S. & M.

Rid. Co., 52 K. 759.
Ch. 129, Laws of 1881. In re Sanders, Petitioner, 53 K. 191.
Ch. 43, Laws of 1891. Blaker v. Hood, 53 K. 499.
Ch. 261, Laws of 1889. City of Eudora v. Darling, 54 K. 654.
Ch. 239, Laws of 1889. Lynch v. Chase, 55 K. 367.
Ch. 106, Laws of 1895. Aikman v. Edwards, 55 K. 751.
Ch. 50, Laws of 1879. Rathbone v. Hopper, 57 K. 240.
Ch. 107, Laws of 1897. In re Greer, 58 K. 268.
Ch. 107, Laws of 1889. Baker v. Land Company, 62 K. 82.
Ch. 1, Laws of 1889. Allen v. Hopkins, 62 K. 175.
Sec. 5, ch. 82, Laws of 1897. Leavenworth v. Water Co., 62 K. 643.
Ch. 176, Laws of 1901. Wilson v. Clark, 63 K. 516.

Sec. 2, ch. 128, Laws of 1893. Board of Education v. The State, 64 K. 7.
Ch. 225, Laws of 1889. Otto v. Hare, 64 K. 78.
Sec. 8, ch. 232, Laws of 1901. The State v. Sheppard, 64 K. 451.

Ch. 203, Laws of 1891. Stewart v. Thomas, 64 K. 511. ,

Sec. 7, ch. 232, Laws of 1901. Wilson v. Herink, 64 K. 607.
Ch. 254, Laws of 1901. The State v. Wilcox, 64 K. 789.
Ch. 339, Laws of 1901. Ash v. Thorp, 65 K. 60.
Ch. 131, Laws of 1897. Hardy v. Kingman County, 65 K. 111.
Sec. 1, ch. 105, Laws of 1886. The State v. Dunn, 66 K. 483.
Ch. 81, Laws of 1879. Reynolds v. Board of Education, 66 K. 672.
Sec. 12, ch. 177, Laws of 1899. School District v. Atzenweiler, 67 K. 609.
Ch 46, Laws of 1883. Manley v. Mayer, 68 K. 378.
Ch. 34, Laws of 1883. Leavenworth v Water Co., 69 K. 83.
Ch. 104, Laws of 1885. Wichita v. Telephone Co., 70 K. 441.
Sec. 8, ch. 106, Laws of 1901. The State v. Hahn, 70 K. 877.
Ch. 353, Laws of 1901. In re Schley, 71 K. 266.

Ch. 112, Laws of 1905. Parker-Washington Co. v. Kansas City, 73 K. 722.
Ch. 123, Laws of 1901. The State v. Thomas, 74 K. 360.
Ch. 338, Laws of 1903. The State v. Thomas, 74 K. 360.
Ch. 366, Laws of 1901. Clarke v. Lawrence, 75 K. 27.
Ch. 165, Laws of 1887. The State v. Everhardy, 75 K. 851.
Ch. 168, Laws of 1899. Bank v. Pearce, 76 K. 408.
Ch. 93, Laws of 1871. Harrod v. Latham, 77 K. 466.
Sec. 25, ch. 78, Laws of 1893. Getty v. Holcomb, 79 K. 224.
Sec. 3, ch. 222, Laws of 1905. Getty v. Holcomb, 79 K. 224.
Sec. 5, ch. 164, Laws of 1909. The State v. Sherman, 81 K. 874.
Sec. 16, ch. 128, Laws of 1881. The State v. Topeka Club, 82 K. 756.
Ch. 397, Laws of 1905 (Barnes high-school law). Board of Education v. Allen Ooantv,

82 K. 782.
Ch. 80, Laws of 1909. The State v. Shawnee Countv, 83 K. 199.
Chs. 210 nrd 215, Laws of 1909. The State v. Pauley, 83 K. 456.
Ch. 241, Laws of 1899. Pavne v. Barlow, 84 K. 132.
Ch. 142, Laws of 1909. The State v. Prather, 84 K. 170.
Ch. 345, Laws of 1905. Grain and Lumber Co. v. Railway Co., 85 K. 281.
Ch. 112, Laws of 1909. The State, ex rel, v. Meek, 86 K. 577.

Ch. 237, Laws of 1911, as applies to sheriff. The State, ex rel, v. Martin, 87 K. 817.
Ch. 165, Laws of 1911. The State v. Adams, 89 K. 674.
Ch. 130, Laws of 1913. Brewer v. Citv of Pittsburg, 91 K. 910.
Ch. 165, Laws of 1911. The State v. King, 92 K. 669.
Sec. 27, ch. 109, Laws of 1893. Richey v. Ferguson, 93 K. ,152.

614 Appendix B.

Sec. 501, ch. 182, Laws of 1909. Richey v. Ferguson, 93 K. 152.

Ch. 218, Laws of 1911, as amended by ch. 216, Laws of 1913. Shade v. Cement Co.,

93 K. 257.
Sec. 46, ch. 218, Laws of 1911. Hovis v. Cudahv Refining Co., 95 K. 505.
Ch. 248, Laws of 1913 (Mahin liquor law). The State v. Railway Co.. 96 K. 611.
Ch. 311, Laws of 1915 (rural high-school districts). Rural School District y. Davis,

96 K. 647.
Ch. 179, Laws of 1911. (Subject matter of act is adulteration.) American Linseed

Oil Co. V. Crumbine, 207 Fed. 332.
Ch. 124, Laws 1913 (waterworks, cities second and third classes). Hartzler v. City

of Goodland, 97 K. 135.
Ch. 123, Laws 1911 (amendment by implication). Milling Co. v. Junction Citr,

98 K. 253.
Ch. 276, Laws 1905. Freedom Township v. Douglas, 99 K. 179.
Ch. 97, Laws 1864. Drainage District v. Railway Co., 99 K. 188.
Ch. 218. Laws 1911, as amended by ch. 216, Laws 1913. Swader v. Flouring Mills

Co., 103 K. 380.
Ch. 284, 1917. State, ex rel, v. Lament. 105 K. 134.

Following acts held xtnconstitvtional and void, in conflict with this section;
Sec. 6, ch. 116, Laws of 1871. Shepherd v. Shepherd, 4 K. A. 546.
Ch. 79. Laws of 1872. Comm'rs of Sedgwick Countv v. Bailey, 13 K. 601.
Ch. 110. Laws of 1871. Swavze v. Britton, 17 K. 625.
Sec. 4. ch. 36. Laws of 1876. Shepherd v. Helmers, 23 K. 504.
Sec. 19, ch. 128, Laws of 1881. The State v. Barrett, 27 K. 215.
Sec. 2, ch. 81, Laws of 1869. M. K. & T. Rly. Co. v. Long, 27 K. 684.
Part of sec. 2. ch. 119, Laws of 1885. In re Wood, Petitioner, 34 K. 645.
Sec. 9, ch. 107, Laws of 1889, as attempt to repeal, etc. The State, ex rel., v. Pierce,

51 K. 241.
Sec. 28, ch. 152, Laws of 1891. The State v. Lewin, 53 K. 679.
Ch. 95. Laws of 1893. The State v. Deets, 54 K. 504.
Ch. ir!2. Laws of 1«87. Railroad Co. v. Kearny County, 58 K. 20.
Ch. 137, Laws of 1897. The State v. Sholl. 58 K. 507.
Part of ch. 75. Laws of 1P91. Topeka v. Wood, 62 K. 809.
Sec. 12, ch. 82, Laws of 1^97. Enterprise v. Smith, 62 K. 815.
Ch. 233, Laws of 1901. The State v. Carter, 74 K. 156.

Ch. 237, Laws of 1911, as to certain officers. The State, ex rel., v. Martin. 87 K. 617.
Part of ch. 2, Laws of 1911, relating to fees, etc. The State, ex rel.. v. Dawson, 90

K. 842.
Ch. 144, Laws of 1911. Agricultural Society v. Allen County, 93 K. 772.
Ch. 14, Laws of 1915. Hicks v. Davis, 97 K. 318 (rehearing), 97 K. 662.

Acts repealed bv virtue of this section:

Sec. 76. Code of 1868. Case of Bartholow, 21 K. 308.

Ch. 107, Laws of 1895. The State v. Countryman, 57 K. 815.

§157. Uniform Operation; Gener.\l and Specl\l Law. §17. All
laws of a general nature shall have a uniform operation throughout the
state; and in all cases where a general law can be made applicable, no
special law shall be enacted ; and whether or not a law enacted is repugnant
to this provision of the constitution shall be construed and determined by
the courts of the state.

This section was submitted by the legislature at the session of 1905 (L. 1905, ch.
543), and was adopted by the people at the election held in November, 1906. Orig-
inal section 17 was as follows:

"§ 17. All laws of a general nature shall have a uniform operation throughout
the state; and in all cases where a general law can be made applicable, no special law
shall be enacted."

Annotations to original section:

Ch. 271. Laws of 1895, legalizing printer's affidavit, valid. lulow v. Graham County,

6 K. A. 391.

Ch. 126, Laws of 1895, fees and salaries, valid. Lowe v. Bouibon County, 6 K. k. 603.
Legislature to determine whether general law could be made applicable. The State,

ex rel., v. Hitchcock, 1 K. 178.
Did not have retroactive effect of abrogating laws previously passed. The State v.

Thompson et al., 2 K. 433.
Act making summoning of grand juries optional with judge, valid. Rice v. The State

of Kansas, 2 K. 168.
Section 15 of dram-shop act held constitutional. The State of Kansas v. Young and

others, 3 K. 446.
Act permitting municipal aid to railroads, held valid. Leavenworth County v. Miller,

7 K. 491.

Act providing for herd law in certain specified counties, unconstitutional. Darling v.
Rodgers, 7 Kan. 592.

Act authorizing certain school districts to issue bonds, valid. Beach v. Leahy, Treaa.,
11 K. 23.

Act applying only when countv commissioners so elect, held valid. Noffzisger v. Mc-
Allister, 12 K. 321.

Annotated Constitution of Kansas. 615

County commissioners cannot apply act in parts of county only. Keyes v. Snyder,

15 K. 143.
Act of general nature, restricted in operation, held void. Robinson v. Perry, 17 K. 248.
Exception in exemption law, relative to claims for wages, valid. McBride v. Reitz,

19 K. 123.
Act taxing railroads in unorganized counties, held constitutional. Francis, Treas., v.

A. T. & S. F. Rid. Co., 19 K. 303.
Act regulating certain salaries in certain counties, held valid. Comm'rs of Norton

County V. Shoemaker, 27 K. 77.
Act requiring railroad to take bond to protect subcontractors, valid. Mann v. Cor-

rigan, 28 K. 197.
Dram shop act does not conflict with this section. Jockers v. Borgman, 29 K. 113.
Special act excluding certain land from Wyandotte city, held unconstitutional. Gray

V. Crockett, 30 K. 142.
Special act authorizing school district to issue bonds, held valid. Kuowles v. Board of

Education, 33 K. 692.
Special act vacating streets in different cities in state, constitutional. City of Wichita

V. Burleigh, 36 K. 41.
Oh. 93, Laws of 1874, negligence of railway employees, valid. A. T. & S. F. Rid. Co.

V. Koehler, Adm'x, 37 K. 463.
Metropolitan police act, ch. 100, Laws of 1887, held valid. The State, ex rel., v.

Hunter, 38 K. 578.
Fire from railroad prima facie evidence of negligence, held constitutional. Mo. Pac.

Rly. Co. v. Merrill, 40 K. 404.
Legislature determine whether purpose can be accomplished by ffeneral act. The State,

«T rel., V. Sanders, 43 K. 233; Hughes v. Milligan, 42 K. 399; Comm'rs of Barber

County V. Smith, 48 K. 334.
Act providing for organization of county high schools, held constitutional. Koester v.

Comm'rs of Atchison County, 44 K. 143.
Ch. 102, Laws of 1879, foreign executor convey property, valid Calloway v. Cooley,

50 K. 743.
Act creating municipal township of certain territory, held constitutional enactment.

The State, ex rel., v. Lewelling, 51 K. 562.
Act establishing a county hi?h school, held valid. Eichholtz v. Martin, 53 K. 486.
Act creating city court of Kansas City, held valid. In re Greer, 58 K. 268.
Act creating city court of Topeka, held valid. Chesney v. McCIintock, 61 K. 94.
Act fixing fees of probate judge in certain couutv, constitutional. Campbell v. Labette

County, 63 K. 377.
Act dissolving certain school districts and attaching to another, valid. Ash v. Thorp,

65 K. 60.
Power to fix penalty for nonpayment of taxes, not limited. Railway Co. v. Miami

County, 67 K. 439.
Section mandatory; whether law general or special, question for courts. Rambo v.

Larrabee, 67 K. 634.
Ch. 34. Laws of 1883, validating certain ordinances, held valid. Leavenworth v.

Water Co., 69 K. 82.
"Law of general nature" and "general law" distinguished. Richardson v. Board of

Education, 72 K. 633.
Laws applicable to class of cities according to population, discussed. Parker-Wash-

ingtcn Co. v. Kansas City, 73 K. 722.
Ch. 101, Laws of 1905, certain cities issue bonds, valid. Belleville v. Wells, 74 K. 823.
Ch. 366, Laws of 1901, public improvements, protest, law valid. Clarke v. Lawrence,

75 K. 27.
Legislature alone determines necessity for enacting special legislation. Hicks v. Davis,

97 K. 315.

Annotations to amended section:

Ch. 141, Laws of 1907, erection permanent county buildings, valid. The State v.

Butler County, 77 K. 527.
Amendment 1906, general or special law, applicability a judicial question. Anderson

V. Cloud County, 77 K. 721.
Ch. 72. Laws of 1907, bridges in Cloud county, unconstitutional. Anderson v. Cloud

County, 77 K. 722.
Rule that courts must uphold act where possible, not apply. Anderson v. Cloud

County, 77 K. 722.
Ch. 24, Laws of 1907, organizing union school district, unconstitutional. Gardner v.

The State, 77 K. 743.
Ch. 368, Laws of 1907, special county high-school building, invalid. Deng v. County

of Scott. 77 K. 863.
Ch. 179, Laws of 1907, city court of Chanute, unconstitutional. The State v. Nation,

78 K. 394.

Amendment of 1906 is not retroactive in effect. Stephens v. Labette County, 79 K. 154.
Ch. 52, Laws of 1908, circuit court of Wyandotte county, unconstitutional. The State

V. Hutchings, 79 K. 191.
Ch. 250, Laws of 1907, black powder in coal mines, valid. In re Williams. 79 K. 214.
General or special law determined by subject matter, not form. The State v. Lawrence,

79 K. 234.

-\mendment of 1906 does not applv to laws previou.sIy pas.scd. The State v. Cox,
79 K. 530.

616 Appendix B.

Ch. 114, Laws of 1907, commission government for cities, valid. Cole v. Dorr,

80 K. 251.
Ch. 183, Laws of 1907, witness fees, public officers, valid. Claflin v. Wvandotte

County, 81 K. 57.
Part ch. 264, Laws of 1909, weights and measures, valid. The State v. Creamery

Co., 83 K. 389.
Chs. 210 and 215, 1909, county high schools, valid enactments. The State x. Pauley.

83 K. 4.=S6.
Partial repeal of special law by special law and not prohibited. The State v. Prather

84 K. 174.
Ch. 259, Laws of 1911, bonded indebtedness, school purposes, unconstitutional

Board of Education v. Davis, 87 K. 286.
Ch. 210. Laws of 1907, undersheriflfs in certain counties, unconstitutional. Gustafson

V. McPherson County, 88 K. 335.
Ch, 88, Laws of 1907, bridges in Neosho countv, unconstitutional. Railway Co v

Neosho County, 89 K. 209.
Ch. 248. Laws of 1909, inheritance tax law, held valid. The State, ex Tel., v Cline

91 K. 416.
Ch. 222, Laws of 1911, bathhouses at mines, valid. The State v. Reaser, 93 K. 629.
Cited in discussing uniform operation of freight rates throughout the state. Railroad

Co. V. Utilities Commission, 95 K. 612.
Law not special because only one city of population designated. Water Co. v. Kansas

City, 164 Fed. 738.
Ch. 124, Laws of 1913, waterworks cities second and third classes, valid Hartzler

V. City of Goodland, 97 K. 135.
Ch. 196, Laws of 1915, creating certain first-class city courts, unconstitutional. The

State, ex rel., v. Deming, 98 K. 420.
Ch. 276, Laws of 1905, amendatory ch. 132, Ijaws of 1885, taxation situs bonds, etc.,

valid Freedom Township v. Douglas, 99 K. 176.
Ch. 284, Laws of 1917, formation rural high-school districts, valid. The State ex rel

V. Lamont, 105 K. 134.
Ch. 161, liaws of 1919, county seat relocation, unconstitutional. Patrick v. Haskell

County, 105 K. 153.
Ch. 271, Laws of 1915, establishment of countv welfare institutions, constitutional

Beck V. Shawnee County, 105 K. 325.

§ 158. Divorce. § IS. All power to grant divorces is vested in the
district court, subject to regulation by law.

Decree affecting property void when court fails to get jurisdiction. Wesner v. O'Brien
1 K. A. 416.

Power of court in granting restraining order and divorce, discussed. In re David H
Mitchell, 1 K. 643.

Supreme court has jurisdiction when case brought up on error. Ulrich v. TJlrich, 8 K. 402.

Court granting divorce may award possession of homestead to wife. Brandon v. Brandon!
14 K. 342.

I..egislature may forbid divorced persons to marry within six months. Durland v. Durland
67 K. 734.

Implies power to divide property between parties when denving divorce. Putnam v. Put-
nam, 104 K. 51.

§159. Publication; Officers. §19. The legislature shall prescribe
the time when its acts shall be in force, and shall provide for the speedy
publication of the same; and no law of a general nature shall be in force
until the same be published. It shall have the power to provide for the
election or appointment of all officers, and the filling of all vacancies not
otherwise provided for in this constitution.

Portions of act to take effect at different times, unconstitutional. Comm'rs of Montgomery

County V. Glass, 4 K. A. 286.
Law of general nature has no effect unless published. The State, ex rel. Guthrie, v. Board

of Commissioners, 4 K. 272.
Legislature has power to provide for unexpired term of sheriff. Bond v. White, 8 K. 343.
Law prescribing what shall constitute publication of laws, held valid. Turner v. Davis,

21 K. 139.
No valid election where no statutory or constitutional provision. Matthews v. Comm'rs of

Shawnee County, 34 K. 607.
Where two constructions possible, one chosen that renders act valid. Comm'rs of Cherokee

County v. Chew, 44 K. 164.
Legislature need not name particular day if time definitely ascertained. Comm'rs of Chero-
kee County V. Chew, 44 K. 164.
Publication omitting enacting clause or other essential part, no publication. In re Swartz,

, Petitioner. 47 K. 159.
Act must take effect as an entirety at definite time. Comm'rs of" Miami County v. Hiner,

54 K. 334; Finnigan v. Sale, 54 K. 420; The State v. Deets, 54 K. 504.
Postponing certain elections to secure uniformity of official terms, valid. Wilson v. Clark,

63 K. 505; The State v. Andrews, 64 K. 474, 488.
I'ublication in "official state paper" equivalent to "official citv paper." The State v.

Topeka, 68 K. 188.

Annotated Constitution of Kansas. 617

Act may take eflPect at later date, depending on population. The State, ex rel., v. Meek,

8e K. 579.
Ch. 2]0, Laws 1915, election of county superintendent, unconstitutional. The State,

ex rel., v. Doane, 98 K. 438.
"White slave law" (Ch. 179, Laws 1913) was regularly enacted and published. The

State V. Fleeman, 102 K. 673.

§160. Enacting Clause. §20. The enacting clause of all laws shall
be "Be it enacted by the legislature of the state of Kansas" ; and no law
shall be enacted except by bill.

Legislature could not create crime by resolution ; enacting clause vital. In re Swartz,

Petitioner, 47 K. 158.
Enrolled bill imports absolute verity unless irregularity is conclusively shown. Stephens

V. Labette County, 79 K. 153.
Oh. 124, Laws 1913, has enacting clause. Valid. Hartzell v. City of Goodland, 97 K. 135.
Ch. 346, Laws 1917, is substantial compliance with mandatory enacting clause provision.

Valid. The State, ex rel, v Knapp, 102 K. 705. .

§161. County Tribunals. §21. The legislature may confer upon
tribunals transacting the county business of the several counties, such
powers of local legislation and administration as it shall deem expedient.

Legislature mav authorize counties to grant aid to railroad companies. Leavenworth

County V. Miller, 7 K. 479.
Legislature mav confer legislative or administrative power on county commissioners.

Noffzigger v! McAllister, 12 K. 320.
County commissioners refused to organize new township; held, no appeal. Fulkerson v.

Comm'rs of Harper County, 31 K. 127.
Legislative and administrative power may be conferred on other local agencies. City of

Emporia v. Smith, 42 K. 435.
County printing, courts cannot interfere with discretion of county commissioners. Comm'rs

of Harper County v. The State, ex rel, 47 K. 285.
Statute conferring legislative authoritv on road commissioners, unconstitutional and void.

Comm'rs of Wyandotte County v. Abbott, 52 K. 160.
County commissioners given authoritv to compromise and refund county indebtedness.

Riley v. Garfield Township, 58 K. "303.
Attempt to authorize change in corporate limits by petition, unconstitutional. Hutchinson

v. Leimbach, 68 K. 37.
Power to levy tax conferred on park commissioners, held valid. Wulf v. Kansas City,

77 K. 365.
Gountv commissioners compelled bv mandamus to perform legal duty. School District v.

Wilson County, 82 K. 806.
Rock-road law does not confer legislative powers on petitioners. Hill v. Johnson County,

82 K. 813. '
Initiative and referendum, cities under commission, does not violate section. The State,

ex rel, v. City of Hutchinson, 93 K. 405.
Incorporation of cities of third class, action of county commissioners conclusive. The

State, ex rel, v. Holcomb, 95 K. 660.

§ 162, Privileges of Members. § 22. For any speech or debate in
either house, the members shall not be questioned elsewhere. No member
of the legislature shall be subject to arrest — except for felony or breach
of the peace — in going to, or returning from, the place of meeting, or dur-
ing the continuance of the session ; neither shall he be subject to the service
of any civil process during the session, nor for fifteen days previous to its
commencement.

Session of senate while trying impeachment is covered by section. Cook v. Senior,

3 K. A. 278.
Statute presfribing venue of actions is limited bv this section. McAnarney v. Caughenaur,

34 K 623.

§ 163. Schools. § 23. The legislature, in pro\ading for the formation
and regulation of schools, shall make no distinction between the rights of
males and females.

Section does not apply to qualifications of electors for siiperintendent. Winans v. Williams,

5 K. 238.
Separate schools, white and colored children, not authorized by law. Board of Education

V. iinnon, 26 K. 22.

§ 164. Appropriation. § 24. No money shall be drawn from the
treasury, except in pursuance of a specific appropriation made by law, and
no appropriation shall be for a longer term than two years.

618 Appendix B.

This section was submitted by the legislature at the session of 1876 (Laws 1876,
eh. 129), and was adopted by the people at the general election held November 7,
1876. Original section 24 was as follows:

"§ 24. No money shall be drawn from the treasury, except in pursuance of a
specific appropriation made by law ; and no appropriation shall be for a longer term
than one year."

Money drawn only in pursuance of act passed within year. Martin v. Francis, 13 K. 228.

Appropriation of all proceeds of certain levies held valid appropriation. Evans v. Mc-
Carthy, 42 K. 426.

Money drawn from treasury only in pursuance of specific appropriation. Henderson v.
Hovey, 46 K. 691.

No money (interest) drawn, except specific appropriation within two years. The State,
ex rel., v. Stover, 47 K. 119.

Specific appropriation cannot be attacked by mere volunteer. Cole v. National Bank,
56 K. 571.

See section 30 of this article [G. S. 1915, sec. 139a.]

State auditor can not impeach legislative discretion under this section. Hicks v. Davis,
97 K. 315.

Ch. 346, Laws 1917 (Gage's Lincoln statue) is an appropriation law, valid. State,
ex rcL, v. Knapp, 102 K. 703.

§ 165. Sessions. § 25. All sessions of the legislature shall be held at
the state capital, and beginning with the session of eighteen hundred and
seventy-seven, all regular sessions shall be held once in two years, com-
mencing on the second Tuesday of January of each alternate year there-
after.

This section was submitted by the legislature at the session of 1875 (Laws 1875,
ch. 140), and was adopted by the people at the general election held November 2, 1875.
Original section 25 was as follows:

"§ 25. All sessions of the legislature shall be held at the state capital, and all
regular sessions shall commence annually on the second Tuesday of January."

§ 166. Census. § 26. The legislature shall provide for taking an
enumeration of the inhabitants of the state at least once in ten years. The
first enumeration shall be taken in a. d. 1865.

.Apportionments have been made by legislature based on the census. The State, ex rel-, v.
Francis, 26 K. 727.

§ 167. Impeachment. § 27. The house of representatives shall have
the sole power to impeach. All impeachments shall be tried by the senate;
and when sitting for that purpose, the senators shall take an oath to do
justice according to the law and the evidence. No person shall be con-
\dcted without the concurrence of two-thirds of the senators elected.

Senate when trying impeachment is in session as a senate. Cook v. Senior, 3 K. A. 281.
When senate shall sit and how trial conducted, considered. The State, ex rel., v. Hillyer,

2 K. 17.
Judges district courts subject to impeachment and removal by legislature. Falloon v.

Clark, 61 K. 125.

§168. Same; Punishment. §28. The governor and all other officers
under this constitution shall be subject to impeachment for any misde-
meanor in office; but judgment in all such cases shall not be extended
further than to removal from office and disqualification to hold any office
of profit, honor or trust under this constitution; but the party, whether
acquitted or convicted, shall be liable to indictment, trial, judgment and
punishment, according to law.

Legislator subject to removal only by members of same house. The State, ex rel., v. Gil-
more, 20 K. 551.

Judges district court subject to impeachment and removal by legislature. Falloon v.
Clark, 61 K. 125.

Removal of unfaithful public officers constitutional, except where impeachment applies.
The State, ex rel, v. Martin, 87 K. 817.

§169. Term. §29. At the general election held in eighteen hundred
and seventy-six, and thereafter, members of the house of representatives
shall be elected for two years, and members of the senate shall be elected
for four years.

This section is an additional section to article 2. It was submitted by the legisla-
ture at the session of 1875 (Laws 1875, ch. 140), and was adopted by the people
at the general election held November 2, 1875.

Annotated Constitution of Kansas.

619

[§ 169a.] § 30. The Legislature may levy a permanent tax for the use
and benefit of the state educational institutions and apportion among and
appropriate the same to the several institutions, which levy, apportionment
and appropriation shall continue until changed by statute. Nothing
herein contained shall prevent such further appropriation by the legisla-
ture as may be deemed necessary from time to time for the needs of said
state educational institutions.

This amendment (new in subject-matter, and not indicating the place it should
occupy in the constitution), was submitted by the legislature at the session of 1917
(ch. 352, Laws 1917), and was adopted by the people at the general election, held
November 5, 1918. It enlarges the power of the legislature in regard to appropria-
tions, hence is placed at the end of this article 2. This section is noted at section 24
of this article; at conclusion of article 6 and following article II.

ARTICLE 3.— Judicial.

§1. Judicial power, how vested; all courts
of record to have a seal.

2. Supreme court : how composed ; quo-

nim ; term; first election.

3. Jurisdiction of supreme court; terms.

4. Officers of court to be appointed; terms.

5. Judicial districts; one judge in each;

term ; duties.

6. Jurisdiction of district courts.

7. Clerks of district court ; terra.

8. Probate courts; jurisdiction; to con-

sist of one judge; elected; compen-
sation.

9. Justices of the peace; term; powers;

number.

10. Appeals to district court.

11. Election of judicial officers; vacancies,

how filled.

§12. Judicial officers to hold until succes-
sors have qualified.

13. Salaries not to be increased during

term ; not to receive fees ; not to
practice law.

14. Judicial districts may be increased in

number; not to vacate any office.

15. Removal of justices and judges.

16. Jurisdiction at chambers; to be regu-

lated by law.

17. Style of process; authority for prose-

cution.

18. Judifial districts.

19. Counties may be attached for judicial

purposes.

20. Judges pro tempore in certain cases.

§ 170. Judicial Power. § L The judicial power of this state shall be
vested in a supreme court, district courts, probate courts, justices of the
peace, and such other courts, inferior to the supreme court, as may be
provided by law; and all courts of record shall have a seal, to be used in
the authentication of all process.

Courts of appeals, quo warranto, concurrent jurisdiction with supreme court. The State.

ex ret., v. Kelly, 2 K. A. 179.
Courts for trial of contested elections authorized by the constitution. Steele v. Martin,

6 K. 430.

Valuation of propertv for taxation not judicial power for courts. Auditor of State v.
A. T. & S. F. Railroad Co., 6 K. 500.

Whether judicial power may be conferred on city council, discussed. Anthony v. Haider-
man, 7 K. 64.

Power of supreme court to make rules governing appeals, discussed. Coleman v. Newby.

7 K. 82.

"Boards of appraisers and assessors" does not exercise judicial powers. Amrine and

Russell V. K. P. R. R. Co., 7 K. 183.
Supreme court can exercise only judicial and power incident thereto. Wilson v. Price-
Raid Aud. Com., 31 K. 258.
Courts provided by constitution and provided by law, two classes. Matthews v. Comm'rs

of Shawnee County, 34 K. 610.
Supreme court may protect its jurisdiction, process, orders, judgments, etc. C. K. & W.

Rid. Co. V. Comm'rs of Chase County, 42 K. 223.
Dissenting opinion. — Proper place and functions of judiciary discussed. In re Gunn,

Petitinner, 50 K. 220.
County attorney cannot commit, for contempt, witness refusing to testify. In re Sims.

Petitioner. 54 K. 1.
Notarv public cannot commit, for contempt, witness refusing to testify. In re Huron.

58 K. 152.
Legislature had power to create circuit court of Shawnee county. Morris v. Bunyan.

58 K. 212.
Investigating committee cannot imprison witness for refusal to testify. In re Davis,

58 K. 374.

Authentication is mandatory; order of sale without seal Is void. Gordon v. Bodwell.

59 K. 52.

Court of Topeka lawfullv created under provisions of this section. Chesney v. McClintock.
61 K. 99.

620 Appendix B.

Court of visitation combined legislative, executive »ud judicial functions, unconstitu-
tional. The State v. Johnson, 61 K. 811,

State board of medical registration and esamination not Judicial tribunal. Meffert v.
Medical Board, 66 K. 710

Rule when seal omitted does not apply to clerk's signature. Aultman v. "Wier, 67 K. 675.

Probate court, judicial tribunal, may commit girls to industrial school. In re Gassaway,
70 K. 696.

Original and appellate jurisdiction in disbarment proceedings, discussed. In re Burnett*,
73 K. 616.

Section does not authorize creation of court by special act. The State v. Nation, 78

. K. 399.

Police judge not repository of judicial power under this section. The State v. Keener,

78 K. 649.

Constilution does not prohibit more than one judge in district. The State v. Hutchings,

79 K. 191.

Notice in disbarment not process within meaning of this section. In re Wilson, 79 K. 452.
Conferring power on county boards to extend corporate limits, constitutional. Nash v.
Glen Elder, 81 K. 446.

§ 171. Supreme Court. § 2. The supreme court shall consist of seven
justices, who shall be chosen by the electors of the state. They may sit
separately in two divisions, with full power in each division to determine
the cases assigned to be heard by such division. Three justices shall con-
stitute a quorum in each division, and the concurrence of three shall be
necessary to a decision. Such cases only as may be ordered to be heard
by the whole court shall be considered by all the justices, and the concur-
rence of four justices shall be necessary to a decision in cases so heard.
The justice who is senior in continuous term of service shall be chief jus-
tice, and in case two or more have continuously served during the same
period the senior in years of these shall be chief justice, and the presiding
justice of each division shall be selected from the judges assigned to that
division in like manner. The term of office of the justices shall be six years,
except as hereinafter provided. The justices in office at the time this
amendment takes effect shall hold their offices for the terms for which they
were severally elected, and until their successors are elected and qualified.
As soon as practicable after the second Monday in January, 1901, the gov-
ernor shall appoint four justices, to hold their offices until the second Mon-
day in January, 1903. At the general election in 1902 there shall be elected
five justices, one of whom shall hold his office for two years, one for four
years, and three for six years. At the general election in 1904 and every
six years thereafter, two justices shall be elected. At the general election
in 1906 and every six years thereafter, two justices shall be elected. At
the general election in 1908 and every six years thereafter, three justices
?hall be elected.

This section was submitted by the legislature at the session of 1899 (L. 1899, ch.
314), find was adopted by the people at the general election held in November, 1900.
Original section 2 was as follows :

"§ 2. The supreme court shall consist of one chief justice and two associate
justices (a majority of whom shall constitute a quorum), who shall be elected by the
electors of the state at large, and whose term of office, after the first, shall be six
years. At the first election, a chief justice shall be chosen for six years, one associate
justice for four years, and one for two years."

§ 172. Jurisdiction and Terms. § 3. The supreme court shall have
original jurisdiction in proceedings in quo warranto, mandamus, and habeas
corpus; and such appellate jurisdiction as may be provided by law. It
.shall hold one term each year at the seat of government and such other
terms at such places as may be provided by law, and its jurisdiction shall
be coextensive with the state.

.Jurisdiction in quo warranto not exclusive; courts of appeals concurrent. The State,

ex rel., v. Kelly, 2 K. A. 185
Constitutional jurisdiction not abolished when writ of quo warranto abolished. The

State, ex rtl, v. Allen, 5 K. 213.
Jurisdiction of supreme court limited to jurisdiction specified herein. Auditor of State v.

A. T. & S. P. Railroad Co., 6 K. 500.
.Supreme court has appellate jurisdiction in divorce. Ulrich v. Ulrich, 8 K. 408.

Annotated Constitution of Kansas. 621

Orders reviewable by supreme court under civil code, discussed. McCulloch v. Dodge,

8 K. 476.
Jurisdiction given to one court not necessarily exercised exclusively. Shoemaker v. Brown,

10 K. 391.
Supreme court has appellate jurisdiction only as provided by law. City of Leavenworth

V. Weaver, 26 K. 393.
Quo warranto jurisdiction conferred; jurisdiction as understood when constitution

adopted. The State, fx rel.. v. Wilson, 30 K. 665
Original and appellate jurisdiction defined and construed. Wilson v. Price-Raid Aud.

Com., 31 K. 258.
Municipal corporation ousted from power usurped, by quo warranto. The State, ex rel.,

v. City of Topeka, 31 K. 454.
Suprera" court lias no original jurisdiction in suits for injunction. Foster v. Moore,

32 K. 485.
Quo warrnnto lies, to great extent, in discretion of court. Tarbox v. Sughrue, 36 K. 225.
Supreme court in protecting jurisdiction may prohibit or restrain acts. C. K. & W. Rid.

Co. V. Comm'rs of Chase County, 42 K. 224.
Dissenting opinion. — Cited, showing proper place and functions of judiciary. In re

Gunn, PetUioner, 50 K. 220.
Writ of error coram nobis, only district court has jurisdiction. The State v. Calhoun,

50 K. 532.
Jurisdiction of supreme court upon expiration of court of appeals. Railway Co. v. Morris,

65 K. 535.
Trial de novo in supreme court is not appellate jurisdiction. In re Burnette, 73 K. 616.
Supreme court restrains acts or appoint receiver to protect jurisdiction. The State v.

Brewing Association, 76 K. 188.
Supreme court has common-law jurisdiction in quo warranto. The State v. Brewing As-
sociation, 78 K. 189.
Election contest triable by senate; supreme court jurisdiction only concurrent. Yeager

V. Aikman, 80 K. 663.
Quo warranto dismissed, plaintiff had pursued remedy in contest court. Little v. Davis,

80 K. 781.
Whether action named quo warranto or mandamus of little consequence. Fee v. Richard-
son, 82 K. 191.
Dissenting opinion. — What constitutes plain and adequate remedy at law. Capper v.

Stotler, 88 K. 405.
Mandamus may be exercised to control action of inferior courts. Bishop v. Fischer,

94 K. 108."
Legislature determines appellate jurisdiction of supreme court under this section. State v.

Coletti, 102 K. 526.

§ 173. Reporter and Clerk. § 4. There shall be appointed, by the
justices of the supreme court, a reporter and clerk of said court, who shall
hold their offices two years, and whose duties shall be prescribed by law.

§ 174. District Judges. § 5. The state shall be divided into five
judicial districts, in each of which there shall be elected, by the voters
thereof, a district judge, who shall hold his office for the term of four years.
District courts shall be held at such times and places as may be provided
by law.

Term of district judges may not be extended by legislature. The State, ex rel. Goodin,

V. Thoman, 10 K. 197.
Removal from state with intention to remain absent creates vacancy. Bawden v. Stewart,

14 K. 355.
Case of The State, ex rel. Goodin, v. Thoman, supra, followed. Peters v. Board of State

Canvassers. 17 K. 365.
Attaching one county to another for judicial purposes, considered. The State v. Ruth,

21 K. 583.
Court in only one place in dis<^rict at a time. In re Millington, Petitioner, 24 K. 224.
District may be changed although it terminate office of judge. Aikman v. Edwards.

55 K. 754.
Appointment of judpes by governor for exceptional term, held valid. The State v.

Andrews. 64 K. 474.
More than one judge to a judicial district not prohibited. The State v. Hutchings,

79 K. 199.
Appointee of governor hold office only until next regular election. The State v. Holcomb,

83 K. 259.
Judges elected at regular election hold office for four years. The State, ex rel., v. Ho!

comb. 87 K. 511.

§ 175. Jurisdiction. § 6. The district court shall have such jurisdic-
tion in their respective districts as may be provided bj' law.

Judicial functions exercised by others than judge of district court. Young v. Ledrick,

14 K. 92.
Exclusi^p i'Tis'iif-tinn nf certain matters conferred on justice of peace. Evans and Nelson

V. Adams, 21 K. 122.

622 Appendix B.

Courts of record have inherent power to punish for contempt. In re Millington, Petitioner,

24 K. 221.
Original and appellate jurisdiction not limited as supreme court. Wilson v. Price-Raid

Aud. Com., 31 K. 259.
Creaiion of courts wi'h concurrent jurisdiction in certain cases, constitutional. A. T. &

S. F. Rid. Co. V. Rice. 36 K. 593; Morris v. Bunyan, 58 K. 212.
•Jurisdiction general except matters withheld or ceded to another tribunal. Manley ▼.

Park. 62 K. 557.
Extent of jurisdiction is left to legislature. The State v. Jack, 69 K. 392.
Jurisdiction of district courts in rivil matters confined to district. In re Jewett, 69 K. 836.
Naturalization, jurisdiction of district court restricted to county where sitting. United

States V. Johnson, 181 Fed. 429.

§ 176. Clerk. § 7. There shall be elected in each organized county a
clerk of the district court, who shall hold his office two years, and whose
duties shall be prescribed by law.

Section apparently contemplates that every organized county have district court. The
State, ex rel., v. Osborn, Judge, 36 K. 533.

§ 177. Probate Court; Judge Pro Tem. §8. There shall be a probate
court in each comity, which shall be a court of record, and have such
probate jurisdiction and care of estates of deceased persons, minors, and
persons of unsound minds, as may be prescribed bv law, and shall have
jurisdiction in cases of habeas corpus. The court shall consist of one judee,
who shall be elected by the qualified voters of the county, and hold his
office two years. He shall hold court at such times and receive for com-
pensation such fees or salary as may be prescribed by law. The lesrislature
may provide for the appointment or selection of a probate judcre pro tern.
when the probate judsre is unavoidably absent or otherwise unable or dis-
qualified to sit in any case.

This sec'ion was suhmi'ted bv the le?islature at the session of 1905 (Tj. 190t, ch.
544), and was adopted by the people at the election held in November, 1906. Original
section 8 was as follows:

"§ 8. There shall be a proba*e court in e.ach county, which shall be a court of
record, and have such probate jurisdiction and care of estntfs of deceased persons,
minors, and persons of unsound mmds. as mny be presfvibed by law; and sh"!! have
j'lris'liction in c^ses of h.nbens corpus. This court shall consist of one judge, who
shall be elected by the qualified voters of the county, and hold his office two years.
He shall be his own clerk, and shnll hold court at such times and receive for com-
pensation such fees as may be prescribed by law."

Prob-'te courts have complete jurisdiction of settlement of estates. Shoemaker v. Brovrn,

10 K. P93.
Powers siven probate judge in sale of school lands, va'id. In re .Johnson, 12 K. 10".
Powers of probate courts only those specifically conferred by statute. Carr v. Catlin,

13 K. 404.

Probate judge may receive judicial powers other than granted herein. Young v. Ledrick,

14 K. 9^.

Prob-'tf ju'l^e has no court officers; his own presence sufficient. Brubaker v. Jones,

23 K. 415.
Legislniure m-^y conf<»r other powers than herein specified. (Druggist's permit.) In-

tov'fating Jjiquor Cases. 25 K. 758.
Proceedings of probate court within jurisdiction presumed to be regular. Houbert v.

Heile, 47 K. 65.
Legislature mav provide additional duties and additional compensation for same. Comm'rs

of Miami Co. v. ColVns, 47 K. 419.
Case of Houbert v. He> le, nvpra. followed. Higgins v. Reed. 48 K. 280.
Jur-'^d'ction of district court, actions against foreign executors, not unconstitutional.

Manley v. Park, 62 K. 555-7.
Probate jud?e not necessarily entitled to all fees he collects. Campbell v. Labette County,

63 K. 379.
Cour» rannot order ward's money applied on judgment against guardian. Harter v.

M'ller. 67 K. 469.
Legislature empowered probate court to commit girls to industrial school. In re Gassaway,

70 K. 695.
Probate court has full authority over the estate of insane person. Foran v. Healy,

73 K. 642.
Probate court has inherent power to punish summarily for contempt. In re Hanson,

80 K. 784.
Probate court cannot determine title to conclude persons claiming adversely. Byerly t.

End e, 95 K. 403.
Qualifiedly, probate court may approve partition by insane person's guardian. Bennett

V. Arrowsmith, 101 K. 144.

Annotated Constitution of Kansas. 623

§ 178. Justices of the Peace. § 9. Two justices of the peace shall
be elected in each township, whose term of office shall be two years, and
whose powers and duties shall be prescribed by law. The number of jus-
tices of the peace may be increased in any township by law.

Justice of peace, jurisdiction in connection with prohibitory law, discussed. The State v.
ADphin. 2 K. A. 33.

.Justice of the peace holds office, until successor is qualified. Borton v. Buck, 8 K. 307.

Election of justice of the peace for unexpired term, considtred. Odell v. Dod?e, 16 K. 446.

Justices of the peace given exclusive jurisdiction in certain cases. Evans and Nelson v.
Adams, 21 K. 119.

Justice of the peace must hold trial within his township. Phillips v. Thralls, 26 K. 781.

Proceedings of justice of peace outside his township are void. A. T. & S. F. Rid. Co. v.
Rice. 36 K. .'597.

Jurisdiction of justice of peace in cities, coextensive with county. The State, ex rel., v.
Parry, 52 K. 7.

Jurisdiction of justice of peace may be materially restricted. In re Greer, 58 K. 268.

.Jurisdiction purelv statutorj-, will not be extended beyond express terms. Sims v. Ken-
nedy, 67 K. 385.

§ 179. Appeals. § 10. All appeals from probate courts and justices of
the peace shall be to the district court.

Meaning of "appeals" as used herein, construed and dpfined. Crane v. Giles, 3 K. 54.
No appeal from justice of the peace to supreme court. The State v. Harpster, 15 K. Z12.

§180. Election of Judicial Officers. §11. All the judicial officers
provided for by this artic'e shall be elected at the first election under this
constitution, and shall reside in their respective townships, counties or dis-
tricts during their respective terms of office. In case of vacancy in any
judicial office, it shall be filled by appointment of the governor until the
next regular election that shall occur more than thirty days after such
vacancy shall have happened.

"Regular election" means next election held conformable to established law. The State

ex rel.. v. Cobb. 2 K. 4 9.
Fa'lure to elect justice of peace dnps not vacate office. Borton v. Buck, 8 K. 302.
When fixed term expires election held to elect successor, valid. The State, ex rel., v. Tho-

man. in K. 191.
Vacancv wh'-n township divided and justice thrown into new township. Frazer v. Miller,

12 K. 459.
Vacancy is created where district judge removes permanentlv from state. Bawden v.

Stewart, 14 K. 364.
Time d'sfrict judges elpcted and term for which elected, considered. Peters v. Board of

State Canvassers. 17 K. 365; Smith v. Holt, 24 K. 771.
Resignation accepted upon cond't'on, ofBce not vacant until condition fulfilled. The State,

?T rel.. V. Clayton, 27 K. 443.
Election for judge held whfn no election provided for, invalid. Matthews v. Coram'rs of

Shawnee County, 34 K. 606.
Justice of peace elected at regular city election in cities. Ward v. Clark, 35 K. 315.
Justice of peace cannot entertain criminal complaint outside his township. A. T. & S. F.

Rid. Co. V. Rice, 36 K. 596.
Qualification of successor terminates right of incumbent to hold over. The State, ex rel.,

V. Albert. 55 K. 158.
Special terms filled bv appointment in readjusting terms, held valid. Wilson v. Clark,

63 K. 505: The State v. Andrews, 64 K. 488.

"Regular election" means election for filling that class of offices. Mclntvre v. Iliff,

64 K. 747.

Appointee holds until election for filling that class of offices. The State v. Holcomb,

83 K. 258.
"Regular election" in anv district makes election "regular" in all. Wendorflf v. Dill,

S3 K. 78"^
Judge elected at "next regular election" elected for regular term quoted. The State v.

Holcomb. 87 K. 512.

§ 181. Terms. § 12. All judicial officers shall hold their offices until
their successors shall have qualified.

Justice of peace holds office until his successor is qualified. Borton v. Buck, 8 K. 302.
Justice succeeding himself, failing to qualify, remains justice de jure. Rheinhart v.

State, 14 K. 318.
Resignation Incomplete until successor qualified when so specified in acceptance. The

S«ate, ex rel.. v. Clayton, 27 K. 443.
Qualification of successor terminates right of incumbent to hold over. The State, ex rel..

V. Albert. 55 K. 158.
The terms "elected and oualified" and "qualified," discussed and distinguished. The State

V. Andrews, 64 K. 495.
Elections postponed, mpans of filling offices not provided, incumbents hold over. Pruitt

V. Squires, 64 K. 861.

624 Appendix B.

§ 182. Compensation of Judges. § 13. The justices of the supreme
court and judges of the district court shall, at stated times, receive for their
services such compensation as may be provided by law, which shall not be
increased during their respective terms of office: Provided, Such compen-
sation shall not be less than fifteen hundred dollars to each justice or judge,
each year, and such justices or judges shall receive no fees or perquisites
nor hold any other office of profit or trust under the authority of the
state, or the United States, during the term of office for which such justices
and judges shall be elected, nor practice law in any of the courts in the
state during their continuance in office.

Provision concerning not holding other office, considered and applied. The State, ex re/.,

V. Cobb, 2 K. 27.
Where official term fixed, election to fill next term valid. The State, ex rel. Goodin, v.

Thoman, 10 K. 194.
Except in these cases, legislature may increase or diminish salaries. Harvey, Treae., v.

Comm'rs of Rush County, 32 K. 162.
Acting as district court and magistrate independent of court, considered. The State v.

Forbriger, 34 K. 7.
Judge violating this section held to be de facto judge. Railway Co. v. Preston, 63 K. 822.
During his term judge performs all duties without increased compensation. Moore v.

Nation, 80 K. 687.

§ 183. JuDici.\L Districts. § 14. Provision may be made by law for
the increase of the number of judicial districts whenever two-thirds of the
members of each house shall concur. Such districts shall be formed of
compact territory and bounded by county lines, and such increase shall not
vacate the office of any judge.

Attaching unorganized territory to judicial district for judicial purposes, valid. In re

Holcomb, Petitioner, 21 K. 633.
Legislative journals consulted to determine whether two-thirds of members concurred.

7n re Vanderberg, Petitioner, 28 K. 253.
Legislature may abolish district by transferring counties, during judge's term. Aikman

V. Edwards, 55 K. 751.
"Two-thirds" concurrence required by this section, considered. Railway Co. v. Simons,

75 K. 130.
County not divided, but may have more than one judge. The State v. Hutchings, 79

K. 199.

§ 184. Removal of Judges. § 15. Justices of the supreme court and
judges of the district courts may be removed from office by resolution of
both houses, if two-thirds of the members of each house concur. But no
such removal shall be made except upon complaint, the substance of which
shall be entered upon the journal, nor until the party charged shall have
had notice and opportunity to be heard.

District judge removable onlv by impeachment or method herein provided. Falloon v.
Clark, 61 K. 121.

§ 185. Jurisdiction at Chambers. § 16. The several justices and
judges of the courts of record in this state shall have such jurisdiction at
chambers as may be provided by law.

Injunction granted and charge for violation thereof heard at chambers. The State v.

Cutler, 13 K. 134.
Punishment for contempt; powers granted to "court" and "judge" distinguished. In r<

Millinarton, Petitioner, 24 K. 221.
Charge of violating writ of mandamus improperly heard at chambers. The State, ex rel.,

V. Stevens, 40 K. 113; In re Price, Petitioner, 40 K. 156.
Attachment against person of judgment debtor properly issued at chambers. In re Heath.

Petitioner, 40 K. 337.
Journal entry impropeily amended at chambers to defeat "former jeopardy." The State v.

Start, 62 K. 114.
Legislature may properly provide for investigation before judge at chambers. The State

V. .lack, 69 K. 392.
Judge has no jurisdiction in habeas corpus outside his district. In re Jewett, 69 K. 836.

§ 186. Process. § 17. The style of all process shall be "The State of
Kansas," and all prosecutions shall be carried on in the name of the state.

Writ of mandamus must issue in name of the state. The State, ex rel., v. Comm'rs of
.InfForson County, 11 K. 71.

Annotated Constitution of Kansas.

625

Addition of the county after the state does not invalidate. Truitt v. Baird, 12 K. 422.
Violation of city ordinances prosecuted in name of the city. City of Emporia v. Volmer.

12 K. 628.
"Process" as herein prescribed does not apply to disbarment proceedings. In re Wilson,

79 K. 452.
Notice to obtain service by publication is not "process." McKenna v. Cooper, 79 K. 847.

§ 187. Districts. § 18. Until otherwise provided by law, the first
district shall consist of the counties of Wyandotte, Leavenworth^ Jefferson
and Jackson. The second district shall consist of the counties of Atchison,
Doniphan, Brown, Nemaha, Marshall and Washington. The third district
shall consist of the counties of Pottawatomie, Riley, Clay, Dickinson, Davis,
Wabaunsee and Shawnee. The fourth district shall consist of the counties
of Douglas, Johnson, Lykins, Franklin, Anderson, Linn, Bourbon and
Allen. The fifth district shall consist of the counties of Osage, Coffey,
Woodson, Greenwood, Madison, Breckenridge, Morris, Chase, Butler and
Hunter.

§ 188. Unorg.^nized Counties. § 19. New or unorganized counties
shall, by law, be attached for judicial purposes, to the most convenient
judicial district.

W'hether organized county may be attached to convenient district, considered. The Stats

V. Ruth, 21 K. 588.
Legislature may attach undivided territory to adjoining judicial district. In re Holcomb,

Petitioner, 21 K. 634.
When county organized before trial defendant should be tried there. The Stale v. Bunter,

38 K. 741.
Placing organized county in district carries with it attached territorj-. In re Schurman,

Petitioner, 40 K. 533.

§ 189. Judge Pro TE:\r. § 20. Provision shall be made by law for the
selection, by the bar, of a pro tern, judge of the district court, when the
judge is absent or otherwise unable or disqualified to sit in any case.

•Judsre pro tern, ordered instead of change of venue, error. Kansas Pac. Rly. Co. t.

Reynolds, 8 K. 628.
Defendant entitled to judge pro tern, ■when regular judge is prejudiced. Peyton's Appeal,

12 K. 408.
Objection to judge pro tern, must be raised at trial. Higby v. Ayres, 14 K. 338.
Power of judge pro tern, to adjourn court, considered. The State v. Palmer, 40 K. 478.
Judge pro tern, from another district held de facto judge. Railway Co. v. Preston, 63

K. 819.
Judge pro trm. may be selected by agreement of parties. Chandler v. Chandler, 92 K. 357.

ARTICLE 4.— Elections.

Elections by people, by ballot; by legis-
lature, riva voce.

2. Elections: county and township oflRcers.

■1. Public officers subject to recall; remedy
not deemed exclusive.

petition;
of elec-

51. Elections by people, by ballot; by legis- §4. Petition for recall; signing

proceedings; proclamation
tion; reasons for recall.
5. Recall ballot; canvassing returns; va-
cancy exist, to be filled as provided
by law.

§ 190. Elections. § 1. All elections by the people shall be by ballot,
and all elections by the legislature shall be viva voce.

Vote "by ballot," defined and considered Taylor v. Bleakley, 55 K. 1.

§191. Elections; County and Township Officers. §2. General
elections and township elections shall be held biennially on the Tuesday
succeeding the first Monday in November, in the years bearing even num-
bers. All county and township officers shall hold their offices for a term of
two years and until their successors are qualified: Provided, One county
commissioner shall be elected from each of three districts, numbered 1, 2.
and 3, by the voters of the district, and the legislature shall fix the time of
election and the term of office of such commissioners; such election to be
at a general election, and no term of office to exceed six years. All officers
whose successors would, under the law as it existed at the time of their
election, be elected in an odd-numbered year, shall hold office for an addi-

40 — 778

626 Appendix B.

tional year and until their successors are qualified. No person shall hold
the office of sheriff or county treasurer for more than two consecutive
terms.

This section was submitted by the legislature at the session of 1901 (L. 1901, ch.
424), and was adopted by the people at the election held in November, 1902. See
69 K. 192. The original section was as follows:

"§ 2. General elections shall be held annually on the Tuesday succeeding the first
Monday in November. Township elections shall be held on the first Tuesday in April,
until otherwise provided by law."

"Regular" and "general" elections, defined and distinguished. The State, ex rel., v.

Cobb, 2 K. 54; Bond v. White, 8 K. 341.
Election held to fill oftice when term fixed, held valid. The State, ex rel. Goodin, v.

Thoman, 10 K. 195.
November election is "general election" regardless of number elected. Morgan v. Comm'rs

of Pratt County, 24 K. 73.
Changing time of electing legislators does not change "general election." The State,

ex rel., v. Mechem, 31 K. 438.
"General election" has a fixed and uniform meaning. The State, ex rel., v. Foster,

36 K. 506.
Postponement of elections to secure uniformity does not conflict herewith. "Wilson v.

Clark. 63 K. 505.
"All officers" (amendment, 1902) means all county and township officers. Griffith v.
Manning, 67 K. 560; Fischer v. Moore, 69 K. 191.

§192. Recall of Public Officers; Provisions Not ExcLusn^. §3.
Every public officer holding either by election or appointment is subject to
recall from office by a majority of the electors of the state or lesser
electoral division for which elected or appointed, voting on the subject at
any general or special election, but the provisions hereof shall not be
deemed exclusive of other remedies for removal from office.

See note following section 5 hereof.

§ 193. Petition for Election ; Proclamation of Election ; Ei-ec-
TiON ; Reasons for Recall. § 4. An election for recall shall be upon peti-
tions signed by at least ten (10%) per cent of the electors of the state,
qualified to sign, for the recall of any state officer; by fifteen (IS^/o) per
cent of the electors for the recall of an officer elected by a district less than
a state and greater than a county; or, for an officer who was appointed by
him; and by twenty-five (25%) per cent of the electors qualified to sign,
for the recall of an officer elected in a county, district or municipality
within the county, or an officer who was appointed by any such officer
elected. Any petition for recall shall certify that the signers thereto are
citizens of the United States of America and voted for the officer to be re-
called, if elected; or, for the officer who appointed him if appointed, at
the last preceding election at which such officer was elected. The petition
shall be filed with the authority for calling elections in the state or other
electoral division, at least ninety days before the date of election, and the
election held thereon shall be called within thirty days after filing petition,
and be proclaimed at least sixty days before the date of holding. The
petition and proclamation of election shall state in not more than two hun-
dred words the reasons for the recall.

See note following section 5 hereof.

§194. Recall Ballot; Canvassing Returns; Vacancy in Office.
§ 5. The recall ballot shall be, Shall the named officer holding the named
office be recalled, and the provisions of law for holding, canvassing and
certifying returns of general elections shall apply to recall elections, and
if the vote be in favor of the recall a vacancy in the office shall exist, to be
filled as authorized by law.

The foregoing three sections (sections 3, 4 and 5 hereof) are additional eections to
article 4. They wore submitted by the legislature nt the session of 1913 (L. 1913, ch.
336), and were adopted by the people at the general election held November 3, 1914.

Annotated Constitution of Kansas. 627

ARTICLE 5— Suffrage.

§1. Qualification of electors.

2. Classes excluded.

3. Who not gain or lose right.

4. Proofs as to those entitled to vote.

5. Dueling to disqualify from holding office.

§6. Bribery at elections.

7. Privilege of electors from arrest.

8. Right to vote or hold office not abridged

on account of sex.

§ 195. Qualifications op Elector. § 1. Every citizen of the United
States of the age of twenty-one years and upwards — who shall have re-
sided in Kansas six months next preceding any election, and in the town-
ship or ward in wliich he or she offers to vote at least thirty days next pre-
ceding such election — shall be deemed a qualified elector. [Ch. 353 ; Laws
1917.]

This section was submitted by the legislature at the session of 1917, and was
adopted by the people at the election held November 5, 1918. Original section 1 was
as follows:

"Sec. 1. Every [white] [male] person of twenty-one years and upwards be-
longing to either of the following classes — 'who shall have resided in Kansas six
months next preceding any election, and in the township or ward in which he offers
to vote at least thirty days next preceding such election — shall be deemed a qualified
elector. 1st, citizens of the United States; 2d, persons of foreign birth who shall
have declared their intention to become citizens conformably to the laws of the United
States on the subject of naturalization."

Annotations to original section:

The word "white," inclosed in brackets where it occurs in this section, became

obsolete on account of the provisions of the fifteenth amendment to the constitution

of the United States.
The word "male," inclosed in brackets where it occurs in this section, became

obsolete on account of the provisions of the amendment to the constitution of the

state of Kansas which is section 8 of this article.
Residence not gained while in state in employ of United States. Hunt v. Richards

et al, 4 K. 549.
Persons not disqualified simply because soldiers or officers of army. Hunt v. Richards

et at, 4 K. 554.
Person must be resident of ward at least thirty days. Anthony v. Halderman, 7 K. 62.
Women having forpgoing qualifications may vote for school-district treasurer. Wheeler

v. Brady, 15 K. 26.
Elector must vote in township or ward where he resides. The State, ex rel., v. Stock,

38 K. 180.
Member of soldier's home not deprived from gaining . residence there. Cory v.

Spencer, 67 K. 651.
State officer may abandon former residence and gain new residence. Uhls v. Allard,

69 K. 827.
Suffrage not abridged by statute. Only by amending constitution. The State, ex rel.,

V. Doane, 98 K. 439.

Annotations to new section:

Regardless of intention, only citizens United States may vote. The State, ex rel., v.
Covell, 103 K. 754.

§ 196. Who Excluded. § 2. No person under guardianship, non com-
pos mentis, or insane; no person convicted of felony, unless restored to
civil rights; no person who has been dishonorably discharged from the
service of the United States, unless reinstated; no person guilty of de-
frauding the government of the United States, or any of the states thereof ;
no person guilty of giving or receiving a bribe, or offering to give or receive
a bribe; and no person who has ever voluntarily borne arms against the
government of the United States, or, in any manner voluntarily aided or
abetted in the attempted overthrow of said government, except all per-
sons who have been honorably discharged from the military service of
the United States since the first day of -\pril, a.d. LSBl, provided that
they have served one year or more therein, shall be qualified to vote or
hold office in this state, until such disability shall be removed by a law
passed by a vote of two-thirds of all the members of both branches of the
legislature.

This section was submitted bv the legislature at the session of 1867 (Senate Journal
1867, p. 550), and was adopted by the people at the election held November 5, 1867.
Original section 2 was as follows:

"§ 2. No person under guardianship, non compos mentis or insane shall be quali-

628 Appendix B.

fied to vote; noi- any person convicted of treason or felony, unless restored to civil
rights."

Involuntary service in rebel army does not render candidate ineligible. Privett v. Stevens,

25 K. 275.
Eligible If disqualification removed after election but before taking office. Privett v. Bick-

ford, 26 K. 52.
Section valid under section 10, article 1, United States constitution. Boyd v. Mills, 53

K. 594.

§ 197. Who Not Gain or IjOSe Right. §3. For the purpose of vot-
ing, no person shall be deemed to have gained or lost a residence by reason
of his presence or absence while employed in the service of the United
States, nor while engaged in the navigation of the waters of this state, or
of the United States, or of the high seas, nor while a student of any semi-
nary of learning, nor while kept at any almshouse or other asylum at public
expense, nor while confined in any public prison; and the legislature may
make provision for taking the votes of electors who may be absent from
their townships or wards, in the volunteer military service of the United
States, or the militia service of this state; but nothing herein contained
shall be deemed to allow any soldier, seaman or marine in the regular army
or navy of the United States the right to vote.

This section was submitted by the legislature at the session of 1864 (Laws 1864,
ch. 45), and was adopted by the people at the general election held November 8,
1864. Original section 3 was as follows:

"§ 3. No soldier, seaman or marine in the army or navy of the United States or
of their allies, shall be deemed to have acquired a residence in the state in conse-
quence of heing stationed within the same; nor shall any soldier, seaman or marine
have the right to vote."

Soldier not disqualified, but presence in state as such not residence. Hunt t. Richard*

et al., 4 K. 549.
Inmates of soldiers' home acquire no residence. (See following case.) Lawrenc* t.

Leidigh, 53 K. 594.
Inmate of soldiers' home may gain residence where home located. Cory t. Spencerj 67

K. 648.

§ 198. Proof of Right. § 4. The legislature shall pass such laws as
may be necessary for ascertaining by proper proofs, the citizens who shall
be entitled to the right of suffrage hereby established.

Majority of votes cast presumed will of majority of electors. County Seat of Linn County,

15 K. 500.
Regis'rntion law of 1879 enacted in pursuance hereof, and valid. The State t. Butts,

31 K. 550.

§ 199. Duelists. § 5. Every person who shall give or accept a chal-
lenge to fight a duel, or who shall knowingly carry to another person such
challenge, or shall go out of the state to fight a duel, shall be ineligible to
any office of trust or profit.

§ 200. Bribery. § 6. Every person who shall have given or offered a
bribe to procure his election shall be disqualified from holding office during
the term for which he may have been elected.

§ 201. Electors Privileged. § 7. Electors, during their attendance at
elections, in going to and returning therefrom, shall be privileged from
arrest in all cases except treason, felony, or breach of the peace.

§ 202. Equal Suffrage. § 8. The rights of citizens of the state of
Kansas to vote and hold office shall not be denied or abridged on account
of sex.

The foregoing section is an additional section to article 5. It was submitted by the
legislature at the session of 1911 (L. 1911, ch. 337), and was adopted by the people
»t th« general election held November 5, 1912.

Annotated Constitution of Kansas.

629

ARTICLE 6.— Education.

§6.

Sundry moneys ai^plied to school pur-
poses.

7. State university; normal schools; uni-

versity fund.

8. No religious sect to have control of
school or university funds.

Board of commissioners to have man-
agement of school fund.

51. State and county superintendent; term.

2. School system.

3. Proceeds of certain public lands;

other sources of school fund.

4. Distribution of school fund annually;

no state funds unless three months'
school.

5. School lands, when sold ; revaluation

once in live years ; leased, when.

§ 203. State and County Superintendent. § 1. The state superin-
tendent of public instruction shall have the general supervision of the com-
mon-school funds and educational interests of the state, and performsuch
other duties as may be prescribed by law. A superintendent of public in-
struction shall be elected in each county, whose term of office shall be two
years, and whose duties and compensation shall be prescribed by law.

Women cannot vote for either state or county superintendent. Winans v. Williams,
5 K. 227. ^ „„

Woman may vote for school-district treasurer in this state. Wheeler v. Brady. 15 K. 27.

Women are eligible to office of county superintendent. Wright v. Noell, 16 K. 601.

County superintendent chosen by voters of entire county. The State, ex rel., v. Doane,
98 K. 438.

Duties of countv superintendent are imposed by the legislature. Bunning v. Shawnee
County, 104 K. 480.

§ 204. Schools. § 2. The legislature shall encourage the promotion
of intellectual, moral, scientific and agricultural improvement, by establish-
ing a uniform system of common schools, and schools of a higher grade,
embracing normal, preparatory, collegiate and university departments.

County high school comes within "schools of a higher grade." Koester v. Comm'rs of

Atchison County, 44 K. 142.
Board of education, city first class, may maintain high school. Board of Education v.

Welch, 51 K. 804.
Law creating high school in just one county, held valid. Eichholtz v. Martin. 53 K. 489.
Legislature may require county to establish and maintain high school. The State v.

Freeman, 61 K. 90.
Separate schools, white and colored children, cities first class, constitutional. Reynolds v.

Board of Education, 66 K. 672.
Securing uniformity of text-books is exercise of sovereign power. The State v. Book Co.,

69 K. 22.
Repeating Lord's Prayer and Twenty-third Psalm in schools, considered. Billard v.

Board of Education. 69 K. 57.
High school of city part of "common schools," tuition unlawful. Board of Education v.

Dick, 70 K. 4.34.
Legislature may compel city to issue bonds aiding state university. The State v. Lawrence,

79 K. 234.
Legislature may provide for establishing high schools in certain townships. Reese v.

Hammond, 94 K. 459.

§ 205. Proceeds of School Fund. § 3. The proceeds of all lands that
have been or may be granted by the United States to the state for the sup-
port of schools, and the five hundred thousand acres of land granted to the
new states under an act of congress distributing the proceeds of public
lands among the several states of the union, approved September 4, a. d.
1841, and all estates of persons dying without heir or will, and such per
cent as may be granted by congress, on the sale of lands in this state, shall
be the common property of the state, and shall be a perpetual school fund,
which shall not be diminished, but the interest of which, together with all
the rents of the lands, and such other means as the legislature may provide,
by tax or otherwise, shall be inviolably appropriated to the support of
common schools.

One-mill tax abolished bv chapter 149, Laws of 1879. The State, ex rel, v. Ewing,

22 K. 708.
Policv of state to complv with letter and spirit hereof. Roberts v. M. K. & T. Rly. Co.,

43 K. 112.
Doubtful whether school lands may be appropriated for other purpose. The State, ex reJ.,

v. Humphrey, 47 K. 563.

630 Appendix B.

This section does not authorize tuition in city high school. Board of Education v. Dick,

70 K. 440.
Legislature not prevented from relieving city of university bonds voted. The State v.

Lawrence, 79 K. 263.
If islands were appropriated for schools they must remain so. Winters v. Myers,

92 K. 419.

§ 206. Income of School Fund. § 4. The income of the state school
funds shall be disbursed annually, by order of the state superintendent, to
the several county treasurers, and thence to the treasurers of the several
school districts, in equitable proportion to the number of children and
youth resident therein, between the ages of five and twenty-one years: Pro-
vided, That no school district in which a common school has not been main-
tained at least three months in each year shall be entitled to receive any
portion of such funds.

§ 207. Disposal of Lands. § 5. The school lands shall not be sold
unless such sale shall be authorized by a vote of the people at a general
election; but, subject to revaluation every five j-ears, they may be leased
for any number of years not exceeding twenty-five, at a rate established
by law.

Power of legislature in dealing -with school lands, discussed. Roberts v. M. K. & T. Rly.

Co., 43 K. 112.
Lease of school lands subject to revaluation every five years. Payne v. Barlow, 84 K. 132.

§ 208. Money Applied to Schools. § 6. All money which shall be
paid by persons as an equivalent for exemption from military duty; the
clear proceeds of estrays, ownership of which shall vest in the taker-up;
and the proceeds of fines for any breach of the penal laws, shall be ex-
clusively applied in the several counties in which the money is paid or fines
collected, to the support of common schools.

"Fines" must go to common schools; act providing otherwise, void. A. T. & S. P. Rid.

Co. V. The State, 22 K. 14
Bond in supreme court forfeited, proceeds to county where forfeited. The State \. June,

63 K. 8.
This section discussed in determining constitutionality of an act. Hardy v. Kingman

County. 65 K. 111.
Act providing payment of part of penalty to informer, unconstitutional. Harrod v. Latham,

77 K. 469.

"Fine" bv supreme court, proceeds to county where liability incurred. The State v. Rose,

78 K. 600.

This section applied to denial of remedy on illegal contract. Manker v. Tough, 79 K. 53.

Damages to aggrieved person provided by oil transportation act, constitutional. Tucker
V. Railway Co., 82 K. 224.

Payment ordered for support of wife cannot be considered "fine." The State v. Gillmore,
88 K. 839.

Contempt fine, even in civil case, goes to common schools. HoHoway v. Water Co.,
100 K. 414.

Oh. 16, Laws 1917 (employing county prisoners on roads) constitutional. The State,
ex rH., V. Chase County, 101 K. 564.

.Sec. 3856, G. S. 1915, not penal. Changes rule of descent only. Hamblin v. Marchant.
103 K. 508.

Same statute above disinheriting spouse for killing consort-spouse, not forfeiture. Ham-
blin V. Marchant, 103 K. 693.

§ 209. State University. § 7. Provision shall be made by law for the
establishment at some eligible and central point, of a state university, for
the promotion of literature, and the arts and sciences, including a normal
and an agricultural department. All funds arising from the sale or rents
of lands granted by the United States to the state for the support of a
.state university, and all other grants, donations or bequests, either by the
state or by individuals, for such purpose, shall remain a perpetual fund,
to be called the "university fund;" the interest of which shall be appro-
priated to the support of the state university.

Regents cannot collect library fee when not prescribed by law. The State, ex rel., v.
Regents of the University, 55 K. 396.

Section discussed with relation to university bonds issued by city. The State v. Law-
rence, 79 K. 234.

Annotated Constitution of Kansas.

631

§ 210. NoNSECTARiAN. § 8. No leligious sect or sects shall ever con-
trol any part of the common-school or university funds of the state.

Repeatin? Lord's Prayer or Twenty-third Psalm in schools not prohibited. Billard v.
Board of Education, 69 K. 56.

§ 211. Investment of Funds. § 9. The state superintendent of pub-
lic instruction, secretary of state and attorney-general shall constitute a
board of commissioners for the management and investment of the school
funds. Any two of said commissioners shall be a quorum.

Control of investment of school funds by the legislature, discussed. The State v. Lawrence,
79 K. 264.

Note. — See new section 30, article 2. [G. S. 1915, sec. 169a. 1

ARTICLE 7. — Public Institutions.

§1

Benevolent institutions to be supported
by state; trustees, how appointed.
2. Penitentiary directors, how elected.

§3. Vacancies in office, how filled.
4. Support of aged and infirm by coun-
ties.

§212. Benevolent Institutions. § 1. Institutions for the benefit of
the msane, blind, and deaf and dumb, and such other benevolent institu-
tions as the pubUc good may require, shall be fostered and supported by
the state, subject to such regulations as may be prescribed by law. Trustees
of such benevolent institutions as may be hereafter created, shall be ap-
pointed by the governor, by and with the advice and consent of the senate;
and upon all nominations made by the governor, the question shall be taken
in yeas and nays, and entered upon the journal.

Estate of person committed to insane asylum liable for maintenance. Kaiser v. The
State, 80 K. 364.

State supervision of charitable institutions unnecessary to exempt from taxation. Ma-
sonic Home v. Sedgwick County, 81 K. 683.

Not contemplated that charities shall be directly administered by state. Ingleside v.
Nation, 83 K. 175.

§ 213. Penitentiary. § 2. A penitentiary shall be established, the di-
rectors of which shall be appointed or elected, as prescribed by law.

Meaning of term "penitentiary" as used in our laws, discussed. Millar v. The State,

2 K. 178. . _ „

"Confinement and hard labor" held to mean confinement in penitentiarj-. The State v.
Nolan, 48 K. 729.

§ 214. Vacancies in Office. § 3. The governor shall fill any vacancy
that may occur in the offices aforesaid, until the next session of the legis-
lature, and until a successor to his appointee shall be confirmed and
quahfied.

§ 215. Aged and Infirm. § 4. The respective counties of the state
shall provide, as may be prescribed by law, for those inhabitants, who, by
reason of age, infirmity, or other misfortune, may have claims upon the
s>Tnpathy and aid of society.

Question of relief of "poor" at public expense, discussed. State v. Township of Osawkee,
14 K. 422.

Overseer of poor may bind county for relief of needy. Dykes v. Stafford Countj-,
86 K. 698.

Granting relief to certain disabled residents, held to be discretionary. Gleason y. Sedg-
wick County, 92 K. 632.

ARTICLE 8.— Militia.

§1. How composed; persons who may be
exempted.
2. Militia to be organized and disciplined.

§3. Election of militia ofticers.
4. Governor coinniander-in-chief ;
to call out militia.

power

§216. How Composed; Exemption. §1. The militia shall be com-
posed of all able-bodied male citizens between the ages of twenty-one and
forty-five years, except such as are exempted by the laws of the United
States or of this state; but all citizens of any religious denomination what-

632

Appendix B.

ever who from scrui)les of conscience may be averse to bearing arms shall be
exempted therefrom, upon such conditions as may be prescribed by law.

Adopted in 1888. The original section had the word "white" before "male" in
second line.
Legislature may not prohibit bearing arms by lawful military organization. Salina v.
Blaksley, 72 K. 230.

§ 217. Organization. § 2. The legislature shall pro\ide for organiz-
ing, equipping and disciplining the militia in such manner as it shall deem
expedient, not incompatible with the laws of the United States.

§ 218. Officers. § 3. Officers of the miUtia shall be elected or ap-
pointed, and commissioned in such manner as may be pro\dded by law.

§ 219. Commander, § 4. The governor shall be commander-in-chief,
and shall have power to call out the militia to execute the laws, to sup-
press insurrection, and to repel invasion.

Governor, as commander-in-chief, may muster out company of national guard. Lewis v.
LeweUing, 53 K. 204.

ARTICLE 9. — County and Township Organization.

|1. Organization of new counties; county
lines; county seats; change of county
seat ; least area of new county.
2. County and township officers.

§3. Repealed.

4. Repealed.

5. Removal of county and township

officers.

§ 220. Counties, etc. § 1. The legislature shall provide for organizing
new counties, locating county seats, and changing county lines; but no
county seat shall be changed without the consent of a majority of the
electors of the county; nor any county organized, nor the lines of any
county changed, so as to include an area of less than four hundred and
thirty-two square miles.

Legislative recognition of validity of county organization renders same valid. The State.

ex rel., v. Comm'rs of Pawnee County, 12 K. 439.
Legislature mav abolish counties, and county seats must go with them. Division of

Howard County, 15 K. 195.
Legislature mav provide that majoritv of votes cast shall determine. County-Seat of

Linn County, 15 K. 527.
After cons'itutional consent, legislature make change or submit to vote. County-Seat of

Osage County, 16 K. 296.
Limitation as to area applies to organized and unorganized counties. The State, ex rel..

V. St. John. 21 K. 599.
After legislative recognition, election held as of unorganized county, nullity. The State,

ex rel., v. Comm'rs of Harper County, 34 K. 302.
After electors select county seat, law may require retention of same. The State, ex rel..

V. Sanders, 42 K. 234.
County seat remains located until changed under provisions of law. The State, ex rel., v.

Comm'rs of Atchison County, 44 K. 186.
Election which legislature could have provided for may be validated. The State, ex rel..

V. Burton, 47 K. 48.
Validity of county organization hereunder may not be attacked collaterally. In re Short,

Petitioner, 47 K. 253.
l)e facto organization of countv, until act declared unconstitutional, discussed. Riley v.

Garfield Township, 58 K. 300.
Officer df facto cannot recover compensation for services performed. Garfield Townshij)

V. Crocker, 63 K. 273.

§ 221. County and Township Officers. § 2. The legislature shall
]jrovide for such county and township officers as may be necessary.

Countv commissioners are county officers and hold office two years. Leavenworth County

v. "The State, 5 K. 688.
MTien township divided, justice remains justice where he resides. Borton v. Buck,

8 K. 302.
Number or kind of township officers not defined by constitution. Borton v. Buck,

8 K. 308.
Legislature may provide less than usual number of county officers. The State, ex rel., v.

Comm'rs of Pawnee County, 12 K. 439. _ .

County commissioners appointed by the governor may settle commissioner districts. Keat

ing V. Marble, 39 K. 370.
County superintendent not within this provision, elsewhere created by constitution. Thf

State, ex rel., v. Doane, 98 K. 438.

Annotated Constitution of Kansas.

633

§ 222. This section eliminated by the adoption of § 2, art. 4, in 1904.
The section as amended in 1876 was as follows:

"§ 3. All county officers shall hold their offices for the term of two years, and
until their successors shall be qualified, except county commissioners, who shall hold
their offices for the term of three years: Provided, That at the general election in the
year eighteen hundred and seventy-seven the commissioner elected from district num-
ber one in each county shall hold liis office for the term of one year, the commissioner
elected from district number two in each county shall hold his office for the term of
two years, and the commissioner elected from district number three in each county
shall hold his office for the term of three years; but no person shall hold the office of
sheriff or county treasurer for more than two consecutive terms."

The original section 3 was as follows:
, "§ 3. All county officers shal' hold their offices for the term of two years, and

until their successors shall be qualified; but no person shall hold the office of sheriff
or county treasurer for more than two consecutive terms."
Annotations to original section:

County commissioners are county officers and hold office two vear.s. Leavenworth

County v. The State, 5 K. 688.
Section has no bearing upon the question of a vacancy. Bond v. White, 8 K. 333.
Section applies only to regular term, not vacancies or exceptions. Hagerty v. Arnold,

13 K. 382.
Appointee holds office only until next regular election. State v. Conn, 14 K. 218.

Annotations to section as amended in 1876:

Terms not "consecutive terms" when period of time intervenes. Horton v. Watson,

23 K. 229
County commissioners, chairman holds office from election until Januarj- following.

Fuller V. MUler, 32 K. 133.
Temporary commissioners have power to divide county into commissioner districts.

Keating v. Marble, 39 K. 370.
Phrase, "more than two consecutive terms," discussed and defined. Davis v. Patten,

41 K. 482.
Officers elected at first election hold until next regular election. Killion v. Herman,

43 K. 39.
Officer at end of second term holds until successor qualified. Pruitt v. Squires, 64

K. 855.

§ 223. This section eliminated by the adoption of § 2, art. 4, in 1904.
The original section was as follows:

"§ 4. Township officers, except justices of the peace, shall hold their offices one
year from the Monday next succeeding their election, and until their successors are
qualified."

.lustice chosen at first election holds for unexpired term only. Odell v. Dodge, 16 K. 446.
Justice, township officer, cannot entertain ci'iminal complaint outside his township.

A. T. & S. F. Rid. Co. v. Rice, 36 K. 596.
"Court of Topeka" not township office within meaning of section. Chesnev v. McClintock,

61 K. 99.

§ 224. Removal. § 5. All county and township officers may be re-
moved from office in such manner and for such cause as shall be prescribed
by law.

Removal of treasurer by county commissioners, discussed and held va-lid. The State,
ex rel., v. Majors, 16 K. 444.

ARTICLE 10. — Apportionment.

§1. Each county to have at least one rep-
resentative ; districts.

§2. Basis of representation; the census
once every five years.
3. Apportionment in the two houses.

§225. Districts. § 1. In the future apportionment of the state, each
organized county shall have at least one representative; and each county
.shall be divided into as many districts as it has representatives.

Law required to create district and consent of both houses. Proutv v. Stover, Lieut.
Governor, 11 K. 235.

§ 226. Apportionment. § 2. It shall be the duty of the first legisla-
ture to make an apportionment, based upon the census ordered by the last
legislative assembly of the territory; and a new apportionment shall be
made in the year 1866, and every five years thereafter, based upon the
census of the preceding year.

634 Appendix B.

§ 227. The Same. § 3. Until there shall be a new apportionment, the
state shall be divided into election districts; and the representatives and
senators shall be apportioned among the several districts as follows, viz.:

1st district, Doniphan, 4 representatives, 2 senators.

2d district, Atchison and Brown, 6 representatives, 2 senators.

3d district, Nemaha, Marshall and Washington, 2 representatives, 1
senator.

4th district. Clay, Riley and Pottawatomie, 4 representatives, 1 senator.

5th district, Dickinson, Davis and Wabaunsee, 3 representatives, 1 sena-
tor.

6th district, Shawnee, Jackson and Jefferson, 8 representatives, 2 sena-
tors.

7th district, Leavenworth, 9 representatives, 3 senators.

8th district, Douglas, Johnson and Wyandotte, 13 representatives, 4
senators.

9th district, Lykins, Linn and Bourbon, 9 representatives, 3 senators.

10th district, Allen, Anderson and Franklin, 6 representatives, 2 senators.

11th district, Woodson and Madison, 2 representatives, 1 senator.

12tli district, Coffey, Osage and Breckenridge, 6 representatives, 2 sena-
tors.

13th district, Morris, Chase and Butler, 2 representatives, 1 senator.

14th district, Arrapahoe, Godfrey, Greenwood, Hunter, Wilson, Dom
and McGee, 1 representative.

ARTICLE 11.— Finance and Taxation.

§1. Assessment and taxation to be uniform;
property exempted.

2. Taxing of notes, bills, etc., of banks

and bankers.

3. Revenues to pay current expenses of

state.

4. Tax to be levied by law ; object to be

stated ; applied to no other purpose.

§5. State debt limited; laws creating debt,
how passed.

6. To he submitted to direct vote of

people.

7. State may borrow money to repel in-

vasion, etc. ; money thus raised to be
applied exclusively to its object.

8. State not to carry on internal improve-

ments.

§228. Taxation; Exemption. §1. The legislature shall provide for
a uniform and equal rate of assessment and taxation; but all property
used exclusively for state, county, municipal, Uterary, educational, scien-
tific, religious, benevolent and charitable purposes, and personal property
to the amount of at least two hundred dollars for each family, shall be
exempted from taxation.

Assessment on property benetited by guttering and paving is "tax." Todd v. Atchison.

9 K. A. 251.

Injunction granted where property unlawfully taxed more than its proportion. Railway

Co. V. Geary County, 9 K. A. 350.
Penalty upheld where injunction against collection of taxes is dissolved. Railway Co. v.

Labette County, 9 K. A. 545.
Valuation of personal property for all purposes must be uniform. Stanfield v. Boyd, 10

K. A. 265.
Statute taxing certain counties because of delinquent taxes, void. The State, ex rel., v.

Leavenworth County, 2 K. 57.
Levying cost of improvements on lots according to area, valid. Hines v. City of Leaven-
worth, 3 K. 186.
Assessment of railroad by board of county clerks, held valid. Gulf Railroad Co. v. Morris,

7 K. 220.
Land owned by educational institution, but unoccupied, not exempt. Washburn College v.

County of Shawnee, 8 K. 344.
Dwelling owned by church, used exclusively as residence, not exempt. Vail v. Beach,

10 K. 214.

Use for "educational purposes" must be direct, immediS'te and exclusive. St. Mary's
College V. Growl, Treas., 10 K. 449.

.\gricultural college lands held under contracts of purcha-se are taxable. Oswalt v. Hallo-
well, 15 K. 156.

Both statute and city ordinance taxing foreign insurance company, valid. City of Leaven-
worth v. Booth, 15 K. 627.

Annotated Constitution of Kansas. 635

L»w apportioning indebtedness when county divided does not conflict herewith. Comm'ra

of Sedgwick County v. Bunker, 16 K. 504.
"Uniform and equal rate of assessment and taxation," construed. Comm'rs of Ottawa

County V. Nelson, 19 K. 234.
Uniform assessment and taxation herein contrasted with other state constitutions. Francis,

Treaa., v. A. T. & S. F. Rid. Co., 19 K. 303.
All persons owning property on assessment roll, although property exempt. The State,

ex rel., v. Comm'rs of Phillips County, 26 K. 423. .
Corporation tax depending on tax imposed by other states, valid. Phoenix Ins. Co. v.

Welch, Supt., 29 K. 672.
Property conveyed to county, used exclusively for county purposes, exempt. Durkee v.

Comm'rs of Greenwood County, 29 K. 697.
Special assessments for improvements, not taxes within meaning of section. Tull v.

Royston, 30 K. 619.
Section refers to property tax, does not prohibit license tax. City of Newton v. Atchison,

31 K. 151.
Tax on cattle driven into state after March 1, void. Graham v. Comm'rs of Chautauqua

County, 31 K. 477.
Taxation on railroad property onlv, to pay railroad commissioners, unconstitutional.

A. T. & S. P. Rid. Co. V. Hnwe. Treas., 32 K. 737.
Ordinance regulating, restricting and taxing dogs, not in conflict herewith. The State.

ex rel., v. City of Topeka, 36 K. 76.
Stenographer's fee is not a tax within the meaning hereof. W. B. Beebe v. Wells, 37

K. 472.
Statute permitting exemption of property of nonresidents of township, void. M. & M.

Rly. Co. V. Champlin, Treas., 37 K 682.
Unplatted land lying within city is subject to city taxation. Mendenhall v. Burton, 42

K. 570.
Uniform and equal rate required merely in each taxing district. Elevator Co. v. Stewart

50 K. 383.
Indian lands after first payment are subject to state tax. Logan v. Comm'rs of Clark

County, 51 K. 753.
When exemption claimed, person must bring himself clearly within exemption. Stahl v

Educational Assoc'n, 54 K. 542.
Assessment, some property full value, other three-fourths less, excess illegal. C. B. & Q

Rid. Co. V. Comm'rs of Atchison County. 54 K. 781.
Property taxed for fire tax but excluded from benefit, unconstitutional. Railway Co. v

Clark, 60 K. 826.
Tax on insurance contracts with unlicensed companies, unconstitutional. In re Page, 60

K. 842.
Equalization fixed bv state board compulsory only for state taxes. Geary County v.

Railway Co., 62 K. 168.
Property used bv mutual benefit insurance association, not exempt. National Council v.

Shawnee County, 63 K. 799.
Waterworks owned bv city, although charging prescribed rentals, is exempt. Sumner

County V. Wellington, 66 K. 590.
"Uniform and equal" does not apply to penalty for nonpayment. Railway Co. v. Miami

Coiintv. 67 K. 4^4.
Compromise act, authorizing compromise of taxes on unsold property, valid. Trust Co. v.

Davis, 76 K. 639.
Authorizing city to issue bonds aiding university, not in conflict herewith. The State v.

Lawrence, 79 K. 234.
Act mnkinff estates liable for maintenance at state hospital, valid. Kaiser v. The Sta-te,

80 K. 364.
Only property used exclusively, directly and immediately in dispensing charity, exempt.

Mason v. Zimmerman, 81 K. 799.
Exemption based solely upon exclusive use; charitable purposes discussed. Masonic Home

V. Sederwick County, 81 K. 859.
Tasa+ion of stock owned by resident in foreign corporation, valid. Hunt v. Allen County.

82 K. 824.
Collection of excess enjoined where unlawful, intentional discrimination in valuation.

Bank v. Lyon County, 83 K. 376.
Property in Kansns belonging to foreign municipality, subject to taxation. The State v.

Holcomb, 85 K. 178.
Where property exempt hereunder, legislature cannot limit amount of property. Ottawa

University v. Stratton, 85 K. 246.
Collp'-tion of expenses in eradicating San Jose scale, held valid. Balch v. Glenn, 85

K. 735.
Legislature mav exempt residents in certain cities from poll tax. Shane v. City of Hutch-
inson, 88 K. 188.
Inheritance tax law of 1909 did not conflict herewith. The State, ex rel., v. Cline, 91

K. 416.
.School property not exempt from special assessments for public improvements. City of

Wichita v. Board of Education, 92 K. 967.
Registration fees for real-estate mortgages (ch. 250, 1915), held unconstitutional.

Wheeler v. Weightman, 96 K. 50.
"Assessment" means valuation of property by proper officers, for taxation. Western

Union Telegraph Co. v. Howe, 180 Fed. 52.
Oh. 200, Laws of 1913 (inspection fee imposed for revenue purposes), invalid. The State,

ex rel. v. Cumiskey, 97 K. 343.

636 Appendix B.

Ch. 177, Laws of 1915, does not violate this section. The State, ex rel., v. Reno County,

98 K. 649.
Sees. 10774 et seq., G. S. 1915 (inspection moving-picture films), valid. The State,

ex rel., v. Ross, 101 K. 377.
Ch. 168, Lav78 of 1917 (employing prisoners, making allowance), valid. The State.

ex rel., v. Chase County, 101 K. 564.
Oh. 271, Laws 1915 (benevolent expenditure county revenues for persons not paupers),

constitutional. Beck v. Shawnee County, 105 K. 325.

§ 229. Notes, Bills, etc § 2. The legislature shall provide for tax-
ing the notes and bills discounted or purchased, moneys loaned, and other
property, effects, or dues of every description (without deduction), of all
banks now existing, or hereafter to be created, and of all bankers; so that
all property employed in banking shall always bear a burden of taxation
equal to that imposed upon the property of individuals.

Banker pays taxes oil average deposits used in his business. Knox v. Comm'rs of Shaw-
nee County, 20 K. 596.

Powers and duties of legislature under this section commented on. Button v. National
Bank, 53 K. 454.

Discrimination in valuation intentionally made against bank, collecting excess enjoined.
Bank v. Lyon County, 83 K. 376.

.Section discussed in connection with registration fees for real-estate mortgages. Wheeler
V. Weightman, 96 K. 69.

§ 230. Revenue. § 3. The legislature shall provide, at each regular
session, for raising sufficient revenue to defray the current expenses of the
.•state for two years.

"§ 3. The legislature shall provide, each year, for raising revenue sufficient to de-
fray the current expenses of the state."

Section is directory. Issuance of bonds for legislative expenses, unconstitutional. The

State, ex rel. Guthrie, v. Board of Commissioners, 4 K. 261.
Section makes legislative duty, presumption lies that duty is done. The State, ex rel., v.

Ewing, 22 K. 714.
Legislature limited to two years; lew requiring gross sum discussed. The State, ex rel.,

V. Bailey, 56 K. 81.

§ 231. Object of Tax. § 4. No tax shall be levied except in pursu-
ance of a law, which shall distinctly state the object of the same; to which
object only such tax shall be applied.

■Judgment against eitv, mandamus to compel lew of tax, discussed. Stevens v. Miller,

3 K A. 192.
.Vet February 26, 3 863, object of tax not stated, void. The State, ex rel., v. Leavenworth

County, 2 K. 56.
Section does not apply to license taxes in cities. City of Leavenworth v. Booth, 15 K. 634.
Levy must be based on law stating object of tax. A. T. & S. F. Rid. Co. v. Woodcock,

Treasurer, 18 K. 20.
Act attempting to divert general tax to railroad bonds, void. National Bank v. Barber,

Treas., 24 K. 534.
.Statute authorizing license taxes partly valid under this section. McGrath v. City of

Newton, 29 K. 369.
-Act prescribing payment by county to encourage agriculture, held valid. Fair Associa-
tion V. Myers, 4*4 K. 132.
City funds deposited in bank designated by mayor and council. National Bank v. Fergu-
son, 48 K. 732.
Section applies to city taxes levied under legislative authority. The State v. City of

Emporia, 57 K. 710.
Taxes for citv building cannot be diverted to other use. The State v. City of Emporia,

57 K. 710.
How ppniilties and interest on delinquent taxes shall be distributed. Sedgwick County v.

Wirhita, 62 K. 704.
.Authorizing use of general fund in erection of courthouse, unconstitutional. Smith v.

Haney, 73 K. 506.
Act appropriating surplus funds to erection of county buildings, valid. The State v.

Butler County, 77 K. 527.
Acts validating elections under Barnes high-school law, held valid. The State v. Pauley,

83 K. 456.
•Statute charging rebates to county fund and crediting penalties, valid. Kansas City v.

Stewart, 90 K. 846.
Township levy for "other purposes" applied to judgment for damages. Super v. Modell

Township, 94 K. 402.

Annotated Constitution of Kansas. 637

"Reserve fund" under commission government, simply authorization to set apart. Rail-
way Co. V. City of Topeka, 95 K. 747.

Ch. 200, Laws 1913 (oil inspection fees imposed for revenue purposes), invalid. The
State, ex rel., v. Cumiskey, 97 K. 343.

Sees. 10274 et seq., G. S. 1915 (inspection fees moving-picture films), valid. The State,
ex rel., v. Ross, 101 K. 377.

§232. Debts; Annual Tax; Proceeds. §5. For the purpose of de-
fraying extraordinary expenses and making public improvements, the
state may contract pubhc debts; but such debts shall never, in the aggre-
gate, exceed one million dollars, except as hereinafter provided. Every
such debt shall be authorized by law for some purpose specified therein,
and the vote of a majority of all the members elected to each house, to be
taken by the yeas and nays, shall be necessary to the passage of such law;
and every such law shall provide for levying an annual tax sufficient to pay
the annual interest of such debt, and the principal thereof, when it shall
become due; and shall specifically appropriate the proceeds of such taxes
to the payment of such principal and interest; and such appropriation
shall not be repealed nor the taxes postponed or diminished, until the in-
terest and principal of such debt shall have been wholly paid.

Legislative and current expenses are not "extraordinary expenses." The State, ex rel.

Guthrie, v. Board of Commissioners, 4 K. 269.
Bond issue, bought by school funds, is "creation of debt." The State, ex rel. Guthrie, t.

Board of Commissioners, 4 K. 270.
Unpaid warrant is not a "debt" within meaning of section. The State, ex rel. Guthrie,

V. Board of Commissioners, 4 K. 271.

§ 233. Other Debts. § 6. No debt shall be contracted by the state
except as herein provided, unless the proposed law for creating such debt
shall first be submitted to a direct vote of the electors of the state at some
general election; and if such proposed law .shall be ratified by a majority
of all the votes cast at such general election, then it shall be the duty of
the legislature next after such election to enact such law and create such
debt, subject to all the pro\nsions and restrictions proAaded in the preced-
ing section of this article.

Debt within meaning of the constitution, diseussed. The State, ex rel. Guthrie, v. Board

of Commissioners, 4 K. 261.
Bond issue for legislative and current expenses, held unconstitutional. The State, ex rel.

Guthrie, t. Board of Commissioners, 4 K. 272.

§ 234. Borrow Money. § 7. The state may borrow money to repel
invasion, suppress insurrection, or defend the state in time of war; but the
money thus raised shall be applied exclusively to the object for which the
loan was authorized, or to the repayment of the debt thereby created.

Section referred to, showing the general financial system of state. The State, ex rel.
Guthrie, v. Board of Commissioners, 4 K. 272.

§ 235. Internal Improvements. § 8. The state shall never be a
party in carrjdng on any works of internal improvements.

Section applies to state in sovereign capacity, not to counties. Leavenworth Countv v.

Miller. 7 K. 479.
Statutes authorizing counties to issue bonds aiding railroads, held constitutional. Leaven-
worth County V. Miller, 7 K. 479; The State, ex rel., v. Nemaha County, 7 K. 542;

Morris v. Morris County, 7 K. 576.
Construction, operation, etc., of oil refinery is "work of intema-l improvements." The

State V. Kelly. 71 K. 811.
Ch. 478, 1905, appropriates money for "works of internal improvement." The State v.

Kelly, 71 K. 811.
Ch. 286, 1907, authorizing bonds aiding railroads, not repugnant hereto. Railroad Co. v

Nation. 83 K. .^45.
Ch. 20, Laws of 1917 (aiding in constructing public roads), unconstitutional. The State.

ex rel., v. Knapp, 99 K. 852.

See new section 30, art. 2 [G. S. 1915, sec. 169a1.

638

Appendix B.

ARTICLE 12.— Corporations.

|1. No special acts conferring corporate
power; general laws; amendment or
repeal.

2. Individual liability of stockholders.

3. Religious corporations, how title vested.

§4. Right of way; payment, how made or
secured.

5. Organization of cities and towns.

6. Term "corporation" defined ; may sue

and be sued.

§236. Corporate Powers. §1. The legislature shall pass no special
act conferring corporate powers. Corporations may be created under gen-
eral laws; but all such laws may be amended or repealed.

General act changing corporate limits when certain conditions exist, valid. Town Co. v.

City of Smith Center, 6 K. A. 252.
Ferry franchise granted by territorial legislature is contract legislature cannot impair.

The Territory v. Reyburn, 1 K. (Dassler's Ed.), 552.
This article merely regulates exercise of general legislative power conferred. Hines v.

The City of Leavenworth, 3 K. 186.
This article restricts power conferred by article 2, section 1. The City of Atchison et td. v.

Bartholow et at., 4 K. 104.
This section applies to municipal as well as other corporations. City of Wyandotte v.

Wood, 5 K. 607.
Special act attempting to extend corporate limits of city, unconstitutional. City of Wyan-
dotte V. Wood, 5 K. 607.
Corporation has no legal existence outside the state where created. Land Grant Railway

V. Comm'rs of Coffey County, 6 K. 245.
Act permitting single city to aid manufacturing entei-prise, held invalid. National Bank

V. City of lola, 9 K. 689.
Act authorizing single city to macadamize, assess costs, etc., invalid. Gilmore v. Norton,

10 K. 491.
School district is only quasi corporation; this article not applicable. Beach v. Leahy,

Treasurer. UK. 23.
Corporation lawfully organized to build bridge across Missouri river. Hunt v. K. & M.

Bridge Company, 11 K. 412.
This article has no application to counties as counties. The State, ex rel., v. Comm'rs of

Pawnee County, 1." K. 439
Special act incorporating four cities of the second class, unconstitutional. City of Council

Grove, 20 K. 619.
Corporations organized under special territorial acts cannot be continued indefinitely.

The State, ex ret., v. Lawrence Bridge Co., 22 K. 438.
Kansas Medical Socie+y, corporation for all time, unless act repealed. The State, ex rel.,

V. Stormont, 24 K. 686.
Consolida'ion of railroad companies dops not release township from subscription. Atchi-
son, C. & P. R. Co. V County of Phillips, 25 K. 261.
Special act excluding property from corporate limits of city, void. Gray v. Crockett,

30 K. 138.
Act conferring corporate powers, applies to only three cities, void. City of Topeka v.

Gillen, 32 K. 431.
Corporate powers or rights obtained since constitiation, subject to modification. The

State V. Mo. Pac. Rly. Co., 33 K. 189.
Special act conferring corporate powers on school district, not prohibited. Knowles v.

Board of Education, 33 K. 699.
Grant of frarr-hise to corporation by city, strictly construed. City of Wyandotte v. Cor-

rigan, 35 K. 21.
General law may change or abrogate provisions of corporate charter. Endowment and

Benevolent .-v'ssociation v. The State, 35 K. 263.
Act curing irregularities, applying only to cities first class, valid. Mason v. Spencer,

Covnty Clerk. 35 K. 518.
Metropolitan police act (ch. 100, 1887), not a special act. The State, ex rel., v. Hunter,

38 K. 589.
City taxes levied on land annexed under special act, void. Ritchie v. Mulvane, 39 K. 241.
Curative act applying to taxes in all cities, held constitutional. Newman v. City of Em-
poria, 41 K. 583.
Logi-sl-'ture may provide when probate court may declare towns incorporated. Menden-

hall V. Burton, 42 K. 573.
Speci-'l act incorporating Chetopa as city of second class, unconstitutional. Brown v.

Milliken, 42 K. 769.
Acts extending corporate rights of two specified railroads, held void.

& T. Rly. Co.. 43 K. 111.
Curative statute applying to cities of first class, held valid. Manley v.
Special act authorizing county commissioners *o build a bridge, void.

nee County v. The State, ex rel. 49 K. 486.
Act permitting consolidntion of cities, valid, although app1ic.ation limited.

ex rel., v. Kansas City, 50 K. 516.
Section does not apply to legislation relative to state university. The State, ex rel., v.

Regents of the University, 55 K. 396.
Act authorizing county commissioners to build bridge within city, valid. The State,

ex rel., v. Shawnee County, 57 K. 269.

Roberts v. M. K.

Emlen, 46 K. 664.
Comm'rs of Shaw-

The State,

Annotated Constitution of Kansas. 639

Act conferring corporate powers applying to Kansas City alone, void. The State v.

Downs, 60 K. 788.
Right to alter and amend coi-porate charters, when applicable, discussed. The State v.

Haun, 61 K. 146.
Gorporstions take franchise under reserved legislative power to alter laws. Leavenworth

V. Water Co., 62 K. 648.
One legislature cannot bind another relative to corporate charters. Irrigation Co. v

Klein, 63 K. 493.
Change in law concerning savings banks, does not contravene section. West v. Bank,

66 K. 536.
Validating ordinances that would be valid under new law, constitutional. Leavenworth v.

Water Co., 69 K. 82.
Special act withdrawing tract of land from a city, unconstitutional. Levitt v. Wilson, 72

K. 160.
General statute authorizing special acts changing boundaries of cities, void. Davenport v.

Ham. 72 K. 179.
Law applicable to cities of certain population not special law. Parker-Washington Co. v.

Kansas City, 73 K. 722.
This and section 5 only restraints on regulating municipal government. The State v.

Keener, 78 K. 651.
"SpeciHl act conferring corporate powers," discussed and applied. The State v. Lawrence,

79 K. 234.
Act empowering cities to adopt commission plan of government, valid. Cole v. Dorr, 80

K. 251.
Elections void from failure of notice, validating by curative act. Cole v. Dorr, 80 K. 251.
Act authorizing county commissioners to maintain bridges in cities, valid. The State v.

Franklin County, 84 K. 404.
Curative acts are not within general rule regarding special legislation. Pollock v. Kansas

City, 87 K. 213.
Act validating incorporation of cities incorporated in 1913, special, void. The State,

ex rel. v. Ho'comb, 95 K. 660.
General law applicable to only one city, held constitutional. Metropolitan Water Co. v.

Kansas City, 164 Fed. 738.
Section discussed in connection with bank guaranty law. Larabee v. Dolley, 175 Fed. 889.

(Ruling of this case on constitutinnalitv of bank guaranty law reversed by Assaria

State Bank v. Dolley, 219 U. S. 121. Law upheld.)
Citv, when created, accepts liability to future legislative regulation. Water Co. v. City of

"Wichita, 98 K. 259.
Ch. 151, Laws 1889, construed to prohibit garnishment against second-class city. Had-
dock V. McDonald. 98 K. 629.
The "Citv Manager Plan" act in harmony with this section. The State, ex rel., v. Wichita,

100 k. 401.
Ch. 64, Laws 1870 (Enterprise dam), not special, nor confers corporate powers. The

State, ex rel., v. Flour MUls Co., 100 K. 4"9.
.Statute — merger of fraternal benetiriary societies not violative of this section. Albach v.

Fraternal Aid Union, 100 K. 515.
Ch. 121, Laws 1913 (city bonds, waterworks), valid. The State, ex rel., v. City of Law-
rence, 101 K. 227.

§ 237. Liability of Stockholders. § 2. Dues from corporations shall
be secured by the individual liability of the stockholders to the amount of
stock owned by each stockholder, and such other means as shall be pro-
vided by law; but such individual liability shall not apply to railroad cor-
porations nor corporations for religious or charitable purposes.

The foregoing section was submitted by the legislature at the session of 1905 <h.
1905, ch. 542), and was adopted by the people at the general election held in No-
vember, 1906. Original section 2 was as follows:

"5 2. Dues from corporations shall be secured by individxial liability of the stock-
holders to an additional amount equal to the stock owned by each stockholder, and
such other means as shall be provided by law; but such individual liabilities shall not
apply to railroad corporations, nor corporations for religious or charitable purposes."

Execution against corporation returned unsatisfied, creditors may proceed against stock-
holders. Buist V. Savings Bank. 4 K. A. 700.

Time when stockholder becomes liable for debts of corporation, discussed. Merrill v.
Meade. 6 K. A. 620.

Ba-nk. with its pronerty, and each stockholder, liable for debts. Savings Bank v. Wulfe-
kiihler, 19 K. 65.

Liability of stockholder is in the nature of a guarantv. Howell v. Manelesdorf, 33 K. 196.

Corporation not servant or agent of corporation holding its stock. A. T. & S. F. Rid. Co.
V. Davis, 34 K. 210.

Valid .iudgment against corporation conclusive in enforcing stockholder's individual lia-
bility. Ball V. Reese. 58 K 614.

This section not self-executing, but requires legislaiive action. Woodworth t. Bowles, 61
K. 569.

Liabilitv of stockholders contractual, but in nature of security. Elevator Co. v. Whitbeck,
63 K. 103.

Contribution among stockholders where part guarantee and pay corporation notes. Hin-
shaw v. Austin, 64 K. 460.

640 Appendix B.

Ch. 10, Laws of 1908, only remedy for enforcing liability. Henley v. Stevenson, 67 K. 4.
Double liability and remedies of judgment debtor, discussed. Henley v. Myers, 76 K. 723.
Stockholder's liability increased, diminished or withdrawn at will of legislature. Rowland

V. Creamery Co., 79 K. 134.
Where no statute, stockholder's liability ended when stock paid up. Bicknell v. Altmsn,

81 K. 436.
Creditor entitled to remedies existing under law when action accrued. Douglass v. Loftui,

Adrii'x, 85 K. 720.
Transfer on books of bank necessary to relieve stockholder's liability. Bank t. Strachan,

89 K. 577.
This section self-executing; common-law remedy enforced only after execution. Harrison

V. Remington Paper Co., 140 Fed. 385.
Applicability of section where charter disclaims liability, discussed. Illinois Life Ins. Co.

V. Tully, 174 Fed. 360.
Constitution and statutes in force, part of contract with corporation. Schwartz v. Loftus,

216 Fed. 322.
Applies only indebtedness incurred in legitimate business of corporation. "Ward v. Joslin,

186 U. S. 142.
State may change procedure for enforcement of stockholder's liability. Henlv t. Myers,

215 U. S. 373.

§ 238. Religious Corporations. § 3. The title to all property of re-
ligious corporations shall vest in trustees, whose election shall be by the
members of such corporations.

Trustees personally liable on unauthorized covenant of warranty in conveyance. Klopp

V. Moore, 6 K. 27.
Vesting of title on consolidating churches and changing trustees. Venable t. Ebeneeer

Baptist Church, 25 K. 177.

§ 239. Right-of-way. § 4. No right-of-way shall be appropriated to
the use of any corporation until full compensation therefor be first made in
money, or secured by a deposit of money, to the owner, irrespective of any
benefit from any improvement proposed by such corporation.

Proceedings essentiallv proceedings i;i rem, proper notice binds all parties. K. ft C. P.

Rly. Co. v. Phipps, 4 K. A. 252.
Where proceedings regular, owner estopped by failure to appeal. C. K. & W. Rid. Co. t.

Selders. 4 K. A. 497.
Value considered immediately before and after location of road. Missouri River, F. S. A

G. R. Co. T. Owen, 8 K. 409.
Land must be paid for irrespective of any benefits accruing. Saint Joseph & D. C. R. Co

V. Orr. 8 K. 419.
Holding statutes authorizing condemnation for railroad not in conflict herewith. Hunt v

Smi'h. 9 K. 137.
Giving landowner new remedy does not take away former rights. A. T. & S. F. Rid

Co. V. Weaver, 10 K. 344.
Taking of private property for use of highwav, discussed. Comm'rs of Shawnee County v

Beckwith. 10 K. 603.
No ri?ht to land until money paid or deposit made. St. Joseph & D. C. R. Co. v. Callen

der. 13 K. 496.
Monev deposited with county treasurer, at company's risk pending proceedings. Black

shire v. Atchison. T. & S. R. R. Co., 13 K. 514.
Title acquired in "right-of-way" depends on statute under which acquired. Challiss y

A. T. & S. F. RM. Co., 16 K. 117
Disregarding "benefit" does not apply to taking for public use. Comm'rs of Pottawatomie

County V. O'SulIivan, 17 K. 58
Compensntinn included value of property taken, also all loss sustained. Reisner v Union

Depot & Rid. Co., 27 K. 388.
Legislature mav make commissioners' award final as to either party. C B U P Rid Co

V. A. T. & S. F. Rid Co., 28 K. 453.

Discussion of what benefits could be set off, if any. C. B. U. P. Rid Co v Andrews

30 K. 596. ■ ...

Condemnation proceedings waived and suit brought for value of land. Cohen v St L

Ft. S & W. Rid. Co., 34 K. 158. ' ' '

City cannot grant right-of-way over private property or proposed street. W. & W Rid Co

V. Feehheimer, 36 K. 45.
Loss sustained to use of land with other land allowed. Comm'rs of Smith Countv r

Lahore, 37 K. 480. ' '

Damages never less than actual value; improper testimony, discussed. W. & W Rid Co

V. Kuhn. 38 K. 677.
Section does not apply where land not actually taken. O. O. C. & C. G. Rid. Co v Larson

40 K. 301.
Discussion of different elements of damage to be taken into consideration. L & W Rid

Co. V. Ross, 40 K. 598.
Section applies only to canals, railroads, and other similar cases. Callen v. Junction Citv

43 K. 630. ''

Railroad company must make full compensation regardless of benefits accruing. C K &

W. Rid. Co. V. Woodward, 47 K. 193.

Annotated Constitution of Kansas. 641

Company taking title by eminent domain protected against secret equities. Phipps v. Rail-
way Co., 58 K. 142.

Where land taken for public use, compensation not condition precedent. Buckwalter v.
School District, 65 K. 603.

Telephone line held not an additional servitude on highway. MeCauu v. Telephone Co.,
69 K. 210.

Injury to adjacent property from smoke and cinders not recoverable. Railway Co. v.
Armstrong, 71 K. 366.

Disregarding benefits may be harsh, but courts bound by constitution. Hall v. Electric
Railroad Co., 89 K. 72.

Mere consequential damage does not amount to taking within section. Murphy v. Fair-
mount Township, 89 K. 767.

Benefits not disregarded where additional grounds taken for shops, etc. Smith v. Railway
Co., 90 K. 757.

Compensation not condition precedent in constructing sewer; section not applicable. Rail-
way Co. V. City of Hiawatha, 95 K. 471.

Payment of judgment condition precedent to passing of title. Zimmerman v. Kansas City
Northwestern R. Co., 144 Fed. 622.

§ 240. Cities. § 5. Provision shall be made by general law for the
organization of cities, towns and villages; and their power of taxation,
assessment, borrowing money, contracting debts and loaning their credit,
shall be so restricted as to prevent the abuse of such power.

Law providing street improvement must contain restrictions to prevent abuses. Hines v.

City of Leavenworth, 3 K. 186.
Section regulates general grant of power; laws must be general. City of Atchison v.

Bartholow, 4 K. 124.
Where word "taxes" used, "assessments or special taxes" not included. Paine v. Spratlev,

5 K. 546.
Special act attempting to extend corporate limits cannot authorize taxes. City of Wyan-
dotte V. Wood, 5 K. 603.
Statutts authorizing cities to issue bonds aiding railroads, held valid. The State, ex rel.,

V. Nemaha County, 7 K. 542.
Does not authorize cities to contract debts for internal improvements. Leavenworth County

V. Miller, 7 K. 497.
Act authorizing citv to levy tax aiding private enterprise, void. National Bank v. City

of lola, 9 K. 689.
Law auihorizing relevy in case of insufficient levy, held valid. City of Emporia v. Norton,

13 K. 570.
Ordinance prescribing license taxes, discussed, held not wholly void. McGrath v. Citv of

Newton, 29 K. 364.
.Special act excluding property from corporate limits of city, void. Gray v. Crockett,

30 K. 138.
What restrictions shall be imposed is a matter for the legislature. City of Newton v.

Atchison, 31 K. 151.
Restrictions upon second-class cities sufficient to uphold license ta.xes. City of Newton v.

Atchison, 31 K. 151.
License tax violating restrictions of charter or statute, void. City of Lyons v. Cooper,

39 K. 327.
Curative statutes applying to all cities of a class, valid. Manley v. Emlen, 46 K. 665.
Act authorizing county commissioners to build bridge in city, void. Comm'rs of Shawnee

County V. The State, ex rel., 49 K. 486.
County liable for improvement of street in front of courthouse. Comm'rs of Franklin

County V. City of Ottawa, 49 K. 753.
County commissioners build bridge within city, controlled by citj-, valid. The State,

ex' rel., v. Shawnee County, 57 K. 267.
Part of act admitted void hereunder, whole act held void. Conklin v. Hutchinson,

65 K. 582.
Completed proceedings enlarging corporate limits cannot be questioned collaterally. To-

ptka V. Dwjer, 70 K. 244.
Organization and existence of city not open to collateral attack. Levitt v. Wilson,

72 K. 160.
Special act attempting to vacate part of city, held void. Levitt v. Wilson, 72 K. 160.
Boundaries of city cannot be changed by special act. Davenport v. Ham, 72 K. 179.
Act applying to all cities and containing restrictions, held valid. Belleville v. Wells,

74 K. 827.
Implied restrictions on legislative power, discussed. Wulf v. Kansas City, 77 K. 362.
This and section 1 only restraints on regulating municipal government. The State v.

Ketner, 78 K. 651.
This section discussed relative to issue of bonds for university. The State v. Lawrence,

79 K. 234.

Act empowering cities to adopt commission plan of government, valid. Cole v. Dorr,

80 iv. '..53.

Acts changing city boundaries, held valid; doctrine of stare decisis. Bull v. Kellev,

83 K. 597.
Act authorizing county commissioners to maintain bridges, held permissive only. The

State V. Franklin County, 84 K. 406.
Holding elections in city, governmental function, expenses not "contracting debts." The

State, ex rel., v. City of Hutchinson, 93 K. 412.

41 — 778

«j42 Appendix B.

Municipal corporations, having no constitutional powers, restricted to legislative grant.

Water, Light & Gas Co. v. City of Hutchinson, 144 Fed. 256.
General law applicable to only one city, held constitutional. Metropolitan Water Co. v.

Kansas City, 164 Fed. 738.
City ordinance imposing an unreasonable license tax is void. Scriven v. City of Lebanon,

99 K. 607.

■City manager plan" act not repugnant, valid. The State, ex rel., v. Citv of Wichita,

100 K. 401.

§ 241. Term Corporations. § 6. The term corporations, as used in
this article, shall include all associations and joint-stock companies having
powers and privileges not possessed by individuals or partnerships; and all
corporations may sue and be sued in their corporate name.

Only corporations proper covered by article; school district quasi corporation. Beach v.
Leahy, Treasurer, 11 K. 23.

ARTICLE 13.— Banks and Currency.

SI. Banks to be established by general law.

2. Security required from banks; auditor

to register and countersign bills.

3. Additional security, when required.

4. Redemption of circulating notes; hold-

ers of notes to have preference.
."). State not to be a stockholder in any
bank.

§6. Banks required to keep offices and of-
ficers at convenient places in state.

7. Limit of denomination of notes.

8. Banking law submitted to vote of

people.

9. Banking law, amended or repealed.

§242. Banking Laws. §1. No bank shall be established otherwise
Than under a general banking law.

Applies only to banks of issue, not deposit and discount. Pape v. Capitol Bank

20 K. 440.
This article discussed at length, showing banks contemplated bv it. Pape v. Capitol

Bank, 20 K. 441.
Language of foregoing case quoted. Fischer v. Moore, 69 K. 201.

§ 243. Shall Require Deposit. § 2. All banking laws shall require,
as collateral security for the redemption of the circulating notes of any
bank, organized under their provisions, a deposit with the auditor of state,
of the interest-paying bonds of the several states or of the United States,
at the cash rates of the New York stock exchange, to an amount equal to
The amount of circulating notes which such bank shall be authorized to
issue, and a cash deposit in its vaults of ten per cent of such amount of
circulating notes; and the auditor shall register and countersign no more
circulating bills of any bank, than the cash value of such bonds when de-
l)osited.

§ 244. When Security Depreciates. § 3. Whenever the bonds
pledged as collateral security for the circulation of any bank shall de-
preciate in value, the auditor of state shall require additional security, or
curtail the circulation of such bank to such extent as will continue the
security unimpaired.

§245. Notes Redeemable; Preference. §4. All circulating notes
,<hall be redeemable in the money of the United States Holders of such
notes shall be entitled, in case of the insolvency of such banks, to prefer-
ence of payment over all other creditors.

§ 246. State. § 5. The state shall not be a stockholder in any bank-
ing institution.

§ 247. Banking Offices. § 6. All banks shall be required to keep
offices and officers for the issue and redemption of their circulation, at a
convenient place within the state, to be named oh the circulating notes
issued by such bank.

Section does not apply to banks of deposit. Pape v. Capitol Bank. 20 K. 44^.

Annotated Constitution of Kansas. 643

§ 248. Denomination. § 7. No banking institution shall issue cir-
culating notes of a less denomination than one dollar.

This section was submitted by the state legislature at the session of 1861 (Laws
1861, ch. 16), and was adopted by the people at the general election held November
5, 1861. Original section 7 was as follows:

"§ 7. No banking institution shall issue circulating notes of a less denomination
than five dollars."

§ 249. Vote on Law. § 8. No banking law shall be in force until the
same shall have been submitted to a vote of the electors of the state at
.some general election, and approved by a majority of all the votes cast at
such election.

No banking law has ever been submitted to proper vote. Pape v. Capitol Bank, 20 K. 442.

§ 250. Amended or Repealed. § 9. Any banking law may be amended
or repealed.

ARTICLE 14— Amendments.

§1. How proposed by legislature; how rati- §2. Convention, how called,
fied by people.

§251. Amendments. §1. Propositions for the amendment of ihis
constitution may be made by either branrh of the ledslature; and if two-
thirds of all the members elected to each house shall concur therein, such
proposed amendments, together with the yeas and nays, shall be entered
on the journal; and the secretary of state shall cause the same to be pub-
lished in at least one newspaper in each county of the state where a news-
jmper is published, for three months preceding the next election for repre-
sentatives, at which time the same shall be submitted to the electors for
their approval or rejection; and if a majority of the electors voting on said
amendments at said election shall adopt the amendments, the same shall
become a part of the constitution. When more than one amendment shall
be submitted at the same time, they shall be so submitted as to enable the
electors to vote on each amendment separately; and not more than three
propositions to amend shall be submitted at the same election.

Two or more amendments submitted, majority voting on either adopts. Prohibitory

Amendment Cases, 24 K. 700.
Proposed amendment cannot be submitted after next general election. The State, ex reL,

V. Sessions, 87 K. 497.

§ 252. Revision or Amendment. § 2. Whenever two-thirds of the
members elected to each branch of the legislature shall think it necessary
to call a convention to revise, amend or change this constitution, they shall
recommend to the electors to vote at the next election of members to the
legislature, for or against a convention ; and if a majority of all the electors
voting at such election shall have voted for a convention, the legislature
shall, at the next session, provide for calling the same.

ARTICLE 15.— Miscellaneous.

5 1 . Officers not otherwise provided for to
be as law directs.

•J. Tenure may be fixed by law; if not
fixed, to be at pleasure of the ap-
pointing power ; not over four years.

ri. Lotteries and sale of lottery tickets
prohibited.

4. Public printer, how elected; term of
office.

§5. Receipts and e.xpenditures to be pub-
lished.

6. Protection of rights of married women.

7. Salaries may be reduced for neglect of

legal duty.

8. Temporary seat of government : per-

manent location by popular vote.

9. Homestead exemption.
10. Prohibition.

§253. Other Officers. §1. All officers whose election or appoint-
ment is not otherwise provided for, shall be chosen or appointed as may
be prescribed bj'' law.

No election provided by constitution or statute, election not valid. Matthews v. Comm'rs
of Shawnee County, 34 K. 606.

644 Appendix B.

Term of office and power to remove railroad commissioners, discussed. The State, ex rel.,

V. Mitchell, 50 K. 289.
Section discussed in connection with appointment under biennial-election law. The State

V. Andn ws, 64 K. 489.
Section applied in upholding "veterans' preference law." Goodrich v. Mitchell, 68 K. 769.
Section applied to appointment of county auditor by district court. Sartin v. Snell,

87 K. 494.

§ 254. Tenure of Office. § 2. The tenure of any office not herein
provided for may be declared by law; when not so declared such office
shall be held during the pleasure of the authority making the appointment,
but the legislature shall not create any office the tenure of which shall be
longer than four years.

Section applied to removal of railroad commissioners by executive council. The State,

ex rel.. v. Mitchell, 50 K. 294.
Where tenure of office fi.xed, governor cannot remove appointee arbitrarily. Lease v.

Freeborn, 52 K. 754.
Where tenure of office unconstitutional, tenure "not declared by law." Lewis v. Lewelling,

53 K. 201.

Tenure four years and until successor appointed and qualified, constitutional. The State,

ex rel., v. Breidenthal, 55 K. 311.
Tenure of office six years, tenure "not declared by law." Wulf v. Kansas City. 77 K. 360.
Position of field man in health department not an office. Jagger v. Green, 90 K. 153.
Cell-house man in state penitentiary not an officer within section. Jones v. Botkin,

9^ K. 242.
Policeman holds his office during pleasure of authority making appointment. Haney v.

Cofran, 94 K. 332.
This section discussed in connection with civil service law. McLaughlin v. Green,

96 K. 643.
Statute, term of drainage district officers exceeding four years, invalid. The State, ex rel.,

V. Drainage District, 102 K. 576.

§ 255. Lotteries. § 3. Lotteries and the sale of lottery tickets are
forever prohibited.

Scheme for distribution of prizes by chance is a "lottery." The State, ex rel., v. Mercan-
tile Association, 45 K. 351.
Operating "lottery" is "unlawful calling" under crimes act. In re Smith, Petitioner,

54 K. 702.

§ 256. State Printer. § 4. All public printing shall be done by the
state printer, who shall be elected by the people at the election held for
state officers in November, 1906, and every two years thereafter, at the
elections held for state officers, and shall hold his office for two years and
until his successor shall be elected and qualified.

This section was submitted by the legislature at the session of 1903, and was
adopted by the people at the general election in November, 1904. The section as
amended in 1868 was as follows:

"§ 4. All public printing shall be done by a state printer, who shall be elected by
the legislature in joint session, and shall hold his office for two years and until his
successor shall be elected and qualified. The joint session of the legislature for the
election of a state printer shall be on the third Tuesday of January, A. d. 1869, and
every two years thereafter. All public printing shall be done at the capital, and the
prices for the same shall be regulated by law."

Original section 4 was as follows:

"§ 4. All public printing shall be let on contract, to the lowest responsible bidder,
by such executive officers and in such manner as shall be prescribed by law."

Annotations to amendment of 1868:

Election of state printer by joint convention of houses, considered. Prouty v. Stover,

Lieut. Governor, 11 K. 235.
Statute authorizing "executive council" to designate "official state paper," valid. Reed

V. Francis, 22 K. 510.
Rate of compensation for publication in "official state paper," discussed. Kansas

Breeze Co. v. Edwards, 55 K. 630.
Statute requiring concurrence of majority elected to each house, invalid. Snow v.

Hudson, 56 K. 378.

§ 257. Accounts Published. § 5. An accurate and detailed state-
ment of the receipts and expenditures of the public moneys, and the several
amounts paid, to whom, and on what account, shall- be published, as pre-
scribed by law.

§ 258. Rights of Women. § 6. The legislature shall provide for the
protection of the rights of women, in acquiring and possessing property,

Annotated Constitution of Kansas. 645

real, personal and mixed, separate and apart from the husband; and shall
also provide for their equal rights in the possession of their children.

Female under eighteen, minor; each parent natural guardian of person. The State v.

Jones, 16 K. 611.
Father and mother are natural guardians of persons of minors. The State v. Angel,

42 K. 222.

Father and mother equal right to possession, etc., of minors. Miller v. Morrison,

43 K. 448.

This section discussed in connection with homestead exemption. Cross v. Benson,
68 K. 501.

Coverture, no separate estate, does not invalidate married woman's contract. Harring-
ton V. Lowe, 73 K. 1.

Neither husband nor wife bound to pay taxes on other's real estate. Nagle v. Tieperraan,
74 K. 32.

Property of other spouse is property "of another," for arson. The State v. Shaw,
79 K. 396.

Mechanic's lien on married woman's property, contract with husband, valid. Garrett v.
Loftus, 82 K. 556.

Section applied, discussing competency of wife to testify for husband. Harris v. Brown,
187 Fed. 9. ^ ^

Ch. 72, G. S. 1915 (property transferred from spouse to spouse), in consonance. Brech-
eisen v. Clark, 103 K. 667.

In holding, owning and controlling property, wife and husband equal. Putnam v. Put-
nam, 104 K. 52".

§ 259. Salaries Reduced for Neglect of Duty. § 7. The legislature
may reduce the salaries of officers who shall neglect the performance of
any legal duty.

§ 260. Temporary Capital. § 8. The temporary seat of government
is hereby located at the city of Topeka, county of Shawnee. The first legis-
lature under tliis constitution shall provide by law for submitting the ques-
tion of the permanent location of the capital to a popular vote, and a
majority of all the votes cast at some general election shall be necessary
for such location.

§261. Homestead. §9. A homestead to the extent of one hundred
and sLxty acres of farming land, or of one acre within the limits of an in-
corporated town or city, occupied as a residence by the family of the
owner, together with all the improvements on the same, shall be exempted
from forced sale under any process of law, and shall not be alienated with-
out the joint consent of husband and wife, when that relation exists; but
no property shall be exempt from sale for taxes, or for the payment of
obhgations contracted for the purchase of said premises, or for the erection
of improvements thereon: Provided, The provisions of this section shall
not apply to any process of law obtained by virtue of a lien given by the
consent of both husband and wife.

This section was adopted apart from the remainder of the constitution by 8788

votes for, to 4772 against, see sec. 25 of schedule, page 650.
Lien of mortgage by both unaffected by deed by husband. Hill v. Alexander, 2 K. A. 250.
Occupation of family of owner essential; when exemption attaches, discussed. Dobson v.

Shoup, 3 K. A 468.
Actual occupation within reasonable time; selection from larger tract, discussed. State

Bank v. Peak, 3 K. A. 698.
Money borrowed for erecting residence constitutes "obligation contracted for improve-
ments." Beckenheuser v. Ferrell, 8 K. A. 365.
.Special assessment for guttering and paving is a "tax." Todd v. Atchison, 9 K. A. 251.
This section does not contravene federal constitution (art. 1, sec. 10). Cusic v. Douglas,

3 K. 123.
Homestead exemption good as against judgment rendered before constitution adopted.

Cusic V. Douglas, 3 K. 123.
Mortgage of homestead executed by husband alone is void. Morris v. Ward, 5 K. 239.
.Judgment against husband alone is not a lien on homestead. Morris v. Ward, 5 K. 239.
Owner living outside city, land in city not exempt. Sarahas v. Fenlon, 5 K. 592.
Vendee of husband, wife refusing to convey, entitled to damages. Lister v. Batson,

6 K. 420.
Wife signing deed under duress, "good faith" of purchaser immaterial. Anderson v.

Anderson, 9 K. 112.
When tract of land becomes part of homestead discussed. Edwards v. Fry, 9 K. 417.
Homestead purchased, occupancy within reasonable time, exempt from time purchased.

Monroe v. May, Weil & Co., 9 K. 466.

646 Appendix B.

Wife signing under duress, sue to have signature declared void. Helm v. Helm, 11 K. 19.
Surplus proceeds not applicable to judgment, not lien on homestead. Mitchell v. Milhoan,

11 K. 617.

Attachment prior to occupation as homestead, superior to homestead right. Bullene ▼.

Hiatt, 12 K. 98.
Homestead must lie in one tract or body of land. Randal v. Elder, 12 K. 257.
Wife signing mortgage not entitled to all privileges of surety. Jenness v. Cutler.

12 K. 500.

Mortgage by husband void as to other than purchase-money. Pratt v. Topeka Bank.

12 K. 570.

Homestead sold under mortgage by wife for purchase-money. Andrews t. Alcorn.

13 K. 351.

Mortffage bv husband on homestead owned bv wife absolutely vpid. Ayers v. Probasco.

14 K. 175.

Divorce to either party, court, if facts justify, may award homestead to wife. Brandon v.

Brandon, 14 K. 342.
Homestead interest may be acquired by owner of equitable interest. Tarrant ▼. Swain.

15 K. 146.

Property attached, later becomes homestead of defendants, attachment remains valid.

Robinson v. Wilson, 15 K. 595.
Mortgage by husband without wife's consent, for purchase-money, held valid. Nichols t.

Overacker, 16 K. 58.
General creditor's right to have mortgage satisfied bv homestead, denied. Colby v. Crocker,

17 K. 527.

Procedure where property claimed as homestead is levied upon, discussed. Gapen v.

Stephenson, 17 K. 613.
Equities of familv of mortgagor superior to claims of judgment creditor. LaRue v. Gil

bert, 18 K. 220.
"Probably" homestead may be taken on any spot in Kansas. Hixon v. George, 18 K. 253.
Purchase bv husband, title in wife, claims of creditors, discussed. Hixon v. George.

18 K. 253.

Judgment on promissorv note for purchase-money, not lien on land. Greeno v. Barnard.

18 K. 518.
Execution of mortgage on homestead by illiterate person, discussed. Roach v. Karr.

18 K. 529.
Homestead sold under lien on real estate decreed in divorce. Blankenship v. Blanken

ship, 19 K. 159.
Attachment before occupancy as homestead is prior to homestead right. Hiatt v. Bullene.

20 K. 557.
Acquiring new home in city relinquishes homestead right on farm. Savings Bank \.

Wheeler's Adm'r, 20 K. 625.
Occupancy as homestead after judgment lien attached will not defeat judgment lien.

Ashton V. Tngle, 20 K. 670.
House rented to tenant as residence, no part of homestead. .'Vshton v. Ingle, 20 K. 670.
Occupation, actual or constructive, essential to constitute premises a homestead. Swenson

V. Kiehl, 21 K. 533.
Equity favors protection of homestead from creditors. Homestead exemption, construed.

Sproul V. Atchison National Bank, 22 K. 336.
Public gristmill on portion of tract, no part of homestead. Mouriquand v. Hart, 22 K. 594
Deed to wife without money consideration, held good against heir. Horder v. Horder.

23 K. 391.
Lease bv husband alone, which interferes with wife's possession, invalid. Coughlin v.

Coughlin, 26 K. 116.
Propertv not exempt where owner's family resided in another state. Farlin v. Sook.

26 K. 397.
Homestead not conveyed by separate deeds of husband and wife. Ott v. Sprague, 27 K. 620.
Wife had never resided here, deed by husband held valid. Koons v. Riitenhause, 28 K. 359.
Right to sell homestead of insane person for alimony, denied. Birdzell v. Birdzel'.

33 K. 433.
Mortgage without joint consent of husband and wife, held void. Howell, Jewett & Co. v

McCrie. 36 K. 636.
Wife agreed to sell, grantee made improvements, specific performance enforced. Perrin.

V. Ma.\ berry, 37 K. 258.
Mortgage lien on homestead not created without wife's written consent. Jenkins v. Sim

mons. 37 K. 496.
Husbind owned homestead, wife's consent necessary to alienate railroad right-of-way.

Pikher v. A. T. & S. F. Rid. Co., 38 K. 516.
Homestead not destroyed by lease of part of building. Bebb v. Crowe, 39 K. 342.
Tests of what constitutes homestead, discussed. Bebb v. Crowe, 39 K. 342.
Wife owning homrstead, having no children, may devise one-half interest. Vining v.

Willis, 40 K. 609,
Mechanic's lien, no personal property found, homestead sold under execution. Tyler \

•Tohnson, 47 K. 410.
Fortv acres, cornering on forty where owner resides, not exempt. Linn County Bank v.

Hopkins, 47 K. 580.
Residence and building on same lots rented as rooms, exempt. Lavson v. Grange

48 K. 440.
Occupancv must follow within reasonable time after purchase. Ingels v. Ingels, ad

K. 755.
Occupancv after levy of execution does not change parties' rights, fngels v. Ingels, 5<i

K. 755.

Annotated Constitution of Kansas. 647

Homestead iDay be appropriated for public use without owner's consent. Jockheck v.

Comm'rs of" Shawnee County, 53 K. 780.
Mortgage, wife's duress available against innocent holder of note secured. Berry v. Berrj,

57 K. 691.
Partition cannot be made against objection of minor children. Trumbly v. Martell.

61 K. 703.
Unmarried daughter of intestate continued to occupy homestead, not exempt. Battey v.

Barker, 62 K. 517.
Wife took homestead under will, mortgage by her held valid. Allen v. Holtzman, 63 K. 40.
Widower occupying homestead alone, children having gone, not exempt. Ellinger v.

Thomas, 64 K. 180.
Alienation, joint consent may be evidenced by acts in pai-g. Sullivan v. Wichita, 64 K. 539.
Expressing willingness to join, but not joining, not joint consent. Durand v. Higgins,

67 K. 110.

Homestead, conveyance by husband and insane wife's guardian conveys nothing. Adams

V. Gilbert, 67 K. 273.
Wife continues to be "family of owner" after husband's death. Cross v. Benson,

68 K. 495.

Occupation by widow is occupation by "family of owner," exempt. Aultman v. Price.

68 K. 640.
Joint consent to lease shown when wife did not sign. Johnson v. Samuelson, 69 K. 263.
Homestead, purchase-money advanced under promise to execute mortgage constitutes lien.

Foster v. Bank, 71 K. 158.
Husband of insane woman cannot, by any conduct, alienate homestead. Withers v. Love,

72 K. 140. . ^^

Wife estopped by conduct to object to husband's lease. Shaw v. Bevis, 72 K. 208.
Intention to occupy must be accompanied by some overt act. Bush v. Adams, 72 K. 556.
Section applied inupholdins: married woman's contract. Harrington v. Lowe, 73 K. 18.
Homestend exemption applies to surviving husband or wife alone. Weaver v. Bank.

76 K. 540. .^ , , .

When homestead rights attach upon removal to other property, discussed. Randolph v.

M'ilhite. 78 K. 355.
Section applied, holding wife's house property of another, for arson. The State v. Shaw.

79 K. 396. ^ ,

Statute of descents and distributions not in conflict with this section. Towle v. Towlc.

81 K. 675.
"Occup'ed as a residence,"' construed; under facts stated, not exempt. Quinton v.

Adams, 83 K. 484.
Husba^nd not party to action, lien for improvements not binding. King v. Wilson.

95 K. 390.
Homestead sold to satisfy judgment for improvements made thereon, valid. Manufacturini:

Co. V. Haughton, 97 K. 530.
Divorce decree mav award wife homestead, subject to husband's lieu. Hanim v. Hamni,

98 K. 360.
Sef-tion cited in special concurrence. Postlethwaite v. Edson, 102 K. 619.
"Homestead" made with special reference to family occupying it. Thompson v. Millikin,

102 K. 721.
Widow of deceased owner occupying homestead is his "family." Koehler v. Gray.

102 K. 881.
Immaterial whether title to "homestead" is in husband or wife. Putnam v. Putnam.

104 K. 53.

§ 262. Prohibition. § 10. The manufacture and sale of intoxicatms
liquors shall be forever prohibited in this state, except for medical, scien-
tific and mechanical purposes.

The foregoing amendment was submitted by the legislature at the session of 1879.
and was adopted by the people at the general election held November 2, 1880.

State has power to prohibit manufacture and sale as beverage. Prohibitory -Amendment

Cases, 24 K. 700.
Under statute, physician could not furnish intoxicating liquor without pei'mit. The State

V. Fleming, 32 K. 588.
Law prohibiting manufacture and sale, not repugnant to federal constitution. . Foster v.

The State of Kansas, 32 K. 765.
Legislature may absolutely prohibit manufacture or sale of intoxicating liquors. The State

v. Diirein, 70 K. 13.
Statute prohibiting sale for any purpose, held valid. The State v. Weiss, 84 K. 165.
Provisions of "Bone-Di-y Law" accord with. See ch. 215, Laws 1917. State v. Berry.

103 K. 891.

SCHEDULE.

§1. Continuation of suits, actions, etc.

2. Fines, penalties, bonds, etc., continued.

3. Governor, secretary, judges, etc., to

hold until superseded.

4. Continuance of laws until repealed or
expiration

§6. Certain offices to be kept at seat of
srovernment.

7. Records, documents, books, etc., how

disposed of.

8. Suits, pleas, proceedings, etc., to con-
tinue.

5. Governor to use private seal until state : 9. Vote on adoption or rejection of con-
seal is i)royided. stitution.

648

Appendix B.

SIO. Vote, how to be cast.

11. If adopted, an election to be held for

members of legislature and other
officers.

12. Persons allowed to vote at first election.

13. Votes to be registered.

14. Judges of election to take an oath;

vacancies in board, how filled.

15. Hours of election.

16. Poll books to be furnished.

17. Votes, how counted; returns, how

made.

18. Poll books and tally lists, how kept

or returned ; time for making re-
turns.

§19. County tribunals to canvass votes; to
make returns to president of con-
vention.
20. Board of state canvassers; result,
how declared.
Proclamation announcing elections.
Copies to he transmitted to president
and to officers of congress.

23. Duty of governor upon notice of ad-

mission of state.

24. First legislature not to change county

lines.

25. Separate vote on homestead question.

§263. From a Territori.\l to a St.\te Go\'ernment. §1. That no
inconvenience may arise from the change from a territorial government to
a permanent state government, it is declared by this constitution that all
suits, rights, actions, prosecutions, reco::nizances, contracts, judgments, and
claims, both as respects individuals and bodies corporate, shall continue as
if no change had taken place.

Does not exempt judgment, rendered prior, from constitutional homestead exemption.
Cusic V. Douglas, 3 K. 123.

§ 264. Penalties, Bonds, etc. § 2. All fines, penalties and forfeitures,
owing to the territory of Kansas, or any county, shall inure to the use of
the state or county. All bonds executed to the territory, or any officer
thereof, in his official capacity, shall pass over to the governor, or other
officers of the state or county, and their successors in office, for the use of
the state or county, or by him or them to be respectively assigned over to
the use of those concerned, as the case may be.

§ 265. Officers of the Territory. § 3. The governor, secretary and
judges, and all other officers, both ci\dl and military, under the territorial
government, shall continue in the exercise of the duties of their respective
departments until the said officers are superseded under the authority of
this constitution.

Members of the legi-slature are "officers" of the government. The State, ex rel., v. Meadows,
1 K. 91.

§ 266. Laws. §4. All laws and parts of laws in force in the territory
at the time of the acceptance of this constitution by congress, not incon-
sistent with this constitution, shall continue and remain in full force until
they expire, or shall be repealed.

Corporation incorporated by territorial legislature held legally existing corporation. The
State, ex rel., v. Stormont, 24 K. 686.

§ 267. Seal. § 5. The governor shall use his private seal until a state
seal is provided.

§ 268. Offices, Where Kept. § 6. The governor, secretary of state,
auditor of state, treasurer of state, attorney-general, and superintendent
of public instruction shall keep their respective offices at the seat of
government.

§ 269. Court Records and Documents. § 7. All records, documents,
books, papers, moneys and vouchers belonging and pertaining to the several
territorial courts and offices and to the several districts and county offices,
at the date of the admission of this state into the Union, shall be disposed
of in such manner as may be prescribed by law.

§ 270. Suits and Proceedings. § 8. All suits, pleas, plaints and other
])roceedings pending in any court of record, or justice's court, may be
])rosecuted to final judgment and execution; and all appeals, writs of error,
certiorari, injunctions, or other proceedings whatever, may progress and

Annotated Constitution of Kansas. 649

be carried on as if this constitution had not been adopted; and the le<hs-
lature shall direct the mode in which such suits, pleas, plaints, prosecutions
and other proceedings, and all papers, records, books and documents con-
nected therewith, may be removed to the courts established by this con-
stitution.

State courts, cases not transferred from territorial until provision made. McCollum r.
Pipe, 7 K. 189.

§ 271. Ratification or Rejection. § 9. For the purpose of taking
the vote of the electors of this territory for the ratification or rejection of
this constitution, an election shall be held in the several voting precincts
in this territory', on the first Tuesday in October, a. d. 1859.

§ 272. How to Vote. § 10. Each elector shall express his assent or
dissent by voting a written or printed ballot labeled "For the Constitution,"
or "Against the Constitution."

§273. Majority in Favor. § 11. If a majority of all the votes cast
at such election shall be in favor of the constitution, then there shall be
an election held in the several voting precincts on the first Tuesday in
December, a. d. 1S59, for the election of members of the first legislature, of
all state, district and county officers provided for in this constitution, and
for a representative in congress.

§ 274. Persons QrAuriFD to Vote. § 12. All persons having the
qualification of electors, according to the pro^'isions of this constitution, at
the date of each of said elections, and who shall have been duly registered
accordins to the provisions of the registry law of this territory, and none
others, shall be entitled to vote at each of said elections.

§ 275. Judges of Election. § 13. The persons who may be judges of
the several voting precincts of this territory at the date of the respective
elections in this schedule provided for, shall be the judges of the respective
elections herein provided for.

§276. The Same; Clerks. § 14. The said judges of election, before
entering upon the duties of their office, shall take and subscribe an oath
faithfully to discharge their duties as such. They shall appoint two clerks
of election, who shall be sworn by one of said judges faithfully to chscharge
their duties as such. In, the event of a vacancy in the board of judges, the
same shall be filled by the electors present.

§ 277. Polls Open, When. § 15. At each of the elections provided
lor in this schedule the polls shall be open between the hours of nine and
ten o'clock a. m. and closed at sunset.

§ 278. Poll Books. § 16. The tribunals transacting county business
of the several counties shall cause to be furnished to the boards of judges in
their respective counties two poll books for each election hereinbefore pro-
\ided for, upon which the clerks shall inscribe the name of every person
who may vote at the said elections.

§ 279. Votes to be Counted. § 17. After closing the polls at each of
the elections provided for in this schedule, the judges shall proceed to count
the votes cast, and designate the persons or objects for which they were
cast, and shaU make two correct tally lists of the same.

§280. Poll Books and Tally Lists. §18. Each of the boards of
judges shall safely keep one poll book and tally list, and the ballots cast at
each election; and shall, within ten days after such election, cause the
other poll book and tally list to be transmitted, by the hands of a sworn
officer, to the clerk of the board transacting county business in their re-

650 Appendix B.

spective counties, or to which the county may be attached for municipal
purposes.

§281. Canvass OF Votes; Transcript. §19. The tribunals transact-
ing county business shall assemble at the county seats of their respective
counties on the second Tuesday after each of the elections provided for in
this schedule, and shall canvass the votes cast at the elections held in the
several precincts in their respective counties, and of the counties attached
for municipal purposes. They shall hold in safe keeping the poll books
and tally hsts of said elections, and shall, within ten days thereafter,
transmit, by the hands of a sworn officer, to the president of this conven-
tion, at the city of Topeka, a certified transcript of the same, showing the
number of votes cast for each person or object voted for at each of the
several precincts in their respective counties, and in the counties attached
for municipal purposes, separately.

§ 282. State Canvassers. § 20. The governor of the territory and the
president and secretary of the convention shall constitute a board of state
canvassers, any two of whom shall be a quorum; and who shall, on the
fourth Monday after each of the elections provided for in this schedule,
assemble at said city of Topeka, and proceed to open and canvass the
votes cast at the several precincts in the different counties of the territory,
and declare the result; and shall immediately issue certificates of election
to all persons (if any) thus elected.

§283. Result. §21. Said board of state canvassers shall issue their
proclamation not less than twenty days next preceding each of the elections
pro\-ided for in this schedule. Said proclamation shall contain an an-
nouncement of the several elections, the qualifications of electors, the
manner of conducting said elections and of making the returns thereof, as
in this constitution provided, and shall publish said proclamation in one
newspaper in each of the counties of the territory in which a newspaper
may be then published.

§ 284. Copies to United States Authorities. § 22. The board of
state canvassers shall provide for the transmission of authenticated copies
of the constitution to the president of the United States, the president of
the senate and speaker of the house of representatives.

§285. Proclamation. §23. Upon official information ha\'ing been by
him received of the admission of Kansas into the union as a state, it shall
be the duty of the governor-elect under the constitution to proclaim the
same, and to convene the legislature, and to do all things else necessarv' to
the complete and active organization of the state government.

Territorial legislature not superseded until governor's proclamation for state legislature.
The State, ex rel., v. Meadows, 1 K. 91; The State, ex rel., v. Hitchcock, 1 K. 178.

§ 286. County Lines. § 24. The first legislature shall have no power
to make any changes in county lines.

§ 287. HoMESTE.^D Provision. § 25. At the election to be held for the
ratification or rejection of this constitution, each elector shall be permitted
to vote on the homestead provision contained in the article on "Miscel-
laneous," by depositing a ballot inscribed "For the Homestead," or
"Against the Homestead"; and if a majority of all the votes cast at said
election shall be against said provision, then it shall be stricken from the
constitution.

See section 9, art. 15, page 645.

Annotated Constitution of Kansas.

651

RESOLUTIONS.

Sundry Resolutions. Resolved, That the congress of the United States
is hereby requested, upon the apphcation of Kansas for admission into the
union, to pass an act granting to the state forty-five hundred thousand
acres of land to aid in the construction of railroads and other internal im-
provements.

Resolved, That congress be further requested to pass an act appropriat-
ing fifty thousand acres of land for the improvement of the Kansas river
from its mouth to Fort Riley.

Resolved, That congress be further requested to pass an act granting all
swamp lands within the state for the benefit of common schools.

Resolved, That congress be further requested to pass an act appropriat-
ing five hundred thousand dollars, or in lieu thereof five hundred thousand
acres of land, for the payment of the claims awarded to citizens of Kansas
by the claim commissioners appointed by the governor and legislature of
Kansas under an act of the territorial legislature passed 7th February,
1859.

. Resolved, That the legislature shall make provision for the sale or dis-
posal of the lands granted to the state in aid of internal improvements and
for other purposes, subject to the same rights of preemption to the settlers
thereon as are now allowed by law to settlers on the public lands.

Resolved, That it is the desire of the people of Kansas to be admitted
into the union with this constitution.

Resolved, That congress be further requested to assume the debt of this
territory.

Done in convention at Wyandotte, this 29th day of July, a. d. 1859.

JAMES M. WINCHELL,

President of the Kansas ConMit'it.ionol Convention, a)iil
Member from Osofie County.

Robt. Graham,
J. A. Middleton,
John Taylor Burris,
Wm. Hutchinson,
N. C. Blood,
John P. Greer,
W. P. Button,
Wm. McCullough,
Jas. G. Blunt,
J. C. Burnett,
Wm. R. Griffith,

Caleb May,
S.D. Houston,
Josiah Lamb,
John James Ingalls,
Saml. A. Kingman,
James Blood,
S. O. Thacher.
Edwin Stokes,
John Ritchie.
Benjamin F. Simpson,
James M Arthur,

Saml. E. Hoffman,
James H. Signer,
Robt. J. Porter,
Luther R. Palmer,
R. L. Williams,
P. H. Townsend,
H.D.Preston,
Edmund G. Ross,
James Hanway,
Allen Crocker,
George H. Lillie.

JOHN A. MARTIN, Secretary.

The following-named delegates to the Wvandotte con\ention did not

>ign the constitution:

J P. Slough,
C. B. McClelland,
J. \v. Forman,
J. Stiarwalt,
W. C. McDowell,
A. D. McCune,

John Wright,
W. Perry,
E. Moore,
P. S. Parks,

E. M. Hubbard

F. Brown,

Sam. Hippie,
S. A. Stinson,
R.C.Foster,
J. T. Barton,
B. Wriglev,
T. S. Wright,

APPENDIX C.

THE WYANDOTTE CONSTITUTIONAL
CONVENTION.

RECOLLECTIONS BY HON. BENJAMIN F. SIMPSON.

(Reprinted by permission of the Kansas State Historical Society, from "Vols. 1 and 2,
Kansas Historical Collections, pages 236 to 247, inclusive.")

The delegates that assembled at Wyandotte on the 5th day of July,
1S59, to form a constitution for the State of Kansas, met in the shadow
of coming events. For even then the approaching glory of Lincoln was
lighting up the shame of the Buchanan administration, and the throes
of that eventful struggle that resulted in the death of slavery were be-
ginning to be felt through all the land. They were an earnest and thought-
ful class of men, who believed that the National Republican party would
soon control the Government, and admit Kansas into the Union, and to
them had been committed the task of laying deep and broad the founda-
tion of a new political fabric, rearing the superstructure, placing the
columns, designing the entablement, adjusting the dome, and surrounding
the structure with all the evergreens of a well-regulated State.

They numbered fifty-two; and of these thirty-five were Republicans,
and seventeen Democrats — it being the only Constitutional convention held
in the Territory in which all parties participated. Eighteen delegates
were lawyers, sixteen farmers, eight merchants, and five physicians; while
the surveyors, land agents, manufacturers, mechanics and printers each had
one or more representatives.

Robert Graham, of Atchison county, was the oldest member, and his
years numbered fifty-five. Benjamin F. Simpson, of Lykins, who was in
ins twenty-third year, was the youngest. Eighteen delegates were less
than thirty years old, eleven delegates were over forty, while one exceeded
fifty years of age.

Five were from Kentucky, one from Virginia, and England, Ireland,
Scotland and Germany contributed one each.

THE DELEGATES BY COUNTIES.

Marshall and Washington counties were represented by J. A. Middleton,
a young lawyer, native of Pennsylvania, and twenty-five years of age.

Nemaha sent Thomas S. Wright, a Pennsylvania lawyer, aged fifty years.

Brown was represented by Samuel A. Kingman, a native of Massa-
chusetts, and then in his thirty-eighth year.

Doniphan sent down Benj. Wrigley, formerly of Ohio, a lawyer, and
twenty-nine years old; John W. Forman, a merchant, from Kentucky,
aged forty years; E. M. Hubbard, merchant, a native of Kentucky, and
thirty years of age; J. Stiarwalt, farmer, from Ohio, and forty-six years
old; R. J. Porter, a merchant, of Troy, a native of Pennsylvania, and
twenty-eight 3'ears old.

Atchison elected Robt. Graham, a native Irishman, a merchant by
occupation, aged forty-five years; Caleb May, a Kehtuckian, farmer, in his
forty-fourth year; and John James IngaUs, born in Massachusetts, a
lawyer, aged twenty-six years.

(652)

SiMPSox: Wyandotte Convention. 653

Leavenworth contributed Samuel A. Stinson, a native of Maine, lawyer
by profession, aged twenty-six; Wm. C. McDowell, born in Ohio, a lawyer,
and thirty-one years old; John P. Slough, of Ohio, lawyer, thirty years
old; William Perry, a native of New York, lawyer, aged twenty-eight
years; Frederick Brown, a native of Germany, by occupation a manufac-
turer, and thirty-two years old; Samuel Hippie, formerly of Pennsylvania,
a land agent, twenty-eight years old; Robert C. Foster, born in Ken-
tucky, a lawyer, aged twenty-four years; A. D. McCune, Ohio, a farmer,
aged thirty-one years; John Wright, Indiana, a farmer, thirty-three years
old; and Paschal S. Parks, Indiana, a lawyer, twenty-six years old.

From Johnson county there was John T. Burris, born in Ohio, a lawyer,
and Dr. John T. Barton, a native of Virginia, who had lived twenty-eight
years.

Lykins county was there, in the persons of W. P. Dutton, born in New
Hampshire, farmer, forty-two years old; and B. F. Simpson, Ohio, a
lawyer, in his twenty-third year.

The delegates from Linn county were: J. M. Arthur, born in Indiana,
a farmer, and aged forty-two, and Josiah Lamb, originally from Indiana,
a mechanic, and of the same age as his colleague.

Bourbon county sent J. C. Burnett, a Vermonter, farmer, aged thirty-
two, and William R. Griffith, a native of Indiana, a farmer, and thirty-
nine years old.

The delegate from Allen county was J. H. Signor, formerly of New York,
a surveyor, and only twenty-five years old.

Woodson and Coffey sent Allen Crocker, a native of Indiana, a farmer,
and thirty-five years old, and Samuel E. Hoffman, born in Pennsylvania,
a lawyer, aged twenty-five years.

From Anderson county, James G. Blunt was sent. He was born in
Maine, was a physician, and thirty-three years old.

Franklin county was represented by James Hanway, a native of Eng-
land, a farmer, and was forty-nine years old.

Douglas county had seven delegates, as follows: Solon 0. Thacher, born
in New York, a lawyer, twenty-eight years old; James Blood and his
brother, N. C. B^ood, nntives of Vermont, both merchants, the first thirty-
nine and the other forty-two years of are; Wm. Hutchinson, a Vermonter,
farmer, and thirty-five years old; R. L. Williams, born in Kentucky, a
merchant, and aged forty-two years; P. H. Townsend, New Hampshire,
a farmer, thirty-three years old; and Ed. Stokes, a Pennsylvanian, a
manufacturer, thirty-five years of age.

Shawnee county sent John P. Greer, a native of Ohio, a lawyer, aged
thirty-eight; John Ritchie, Ohio, farmer, aged forty-one; and H. D. Pres-
ton, New Hampshire, farmer, aged twenty-eight.

Madison, Hunter, Greenwood, Butler and Wilson counties constituted
one district, and elected George H. Lillie, of Ohio, a lawyer, thirty-five years
old.

Osage, Morris, Breckenridge and Chase counties made one district, and
sent James M. Winchell and Wil'ir>m McCullough, who was a native of
Scotland, a farmer, and aged forty-four.

Wahaimsee. Davis, Dickinson, and Clay counties were a district, repre-
sented by E. G. Ross, who was a native of Ohio, a printer, and thirty-two
years old.

Pottawatomie county sent Luther R. Palmer, a native of New York, a
physician, and forty years old.

Jefferson county was represented by C. B. McClelland, Ohio, a mer-
chant, thirty years old.

654 Appendix C.

Jackson county sent Ephraim Moore, Ohio, a manufacturer, aged thirty
years.

Riley county was heard from in the person of Samuel D. Houston, a
native of Ohio, a farmer, aged forty years.

A very large proportion of these delegates were comparatively new men,
whc iiad not participated in the Free-State meetings and councils, and
were unacquainted with each other. This enabled the old stagers in Ter-
ritorial politics, like Winchell, Thacher, Ritchie, Ross, Blood, Kingman,
Hutchinson, Hanway, and Houston, to control the organization.

This was not had, however, without the usual picket firing and recon-
noissance in force, for in those days the Neosho Valley, the Border Tier,
and Nineteen Disfranchised Counties were jealous of the Lawrence and
Leavenworth politicians; and little geographical tea parties, like the one
recently held at Great Bend, where men spit blood, breathed fire, and
predicted the most direful results if the valleys were ignored by the high-
lands, were of frequent occurrence.

THE PRESmENT OF THE CONVENTION.

The fight for the presidency of the Convention gave occasion for the
invocation of this local prejudice, and James M. Winchell, who was in-
terested in a town called Superior, in Osage county, but who spent most
of his time in Lawrence, or oscillating between these points, was the bene-
ficiary of this senseless antagonism between combative localities, and was
chosen permanent president of the Convention. He was a skillful or-
'=!;anizer, and a shrewd manipulator of men. His victory was the easier
from the fact that none of the more celebrated chiefs of the Free-State
party were members of the Convention. Lane, Robinson, Pomeroy, Con-
way, and Phillips v/ere not candidates, wloile Ewing and Parrott were
beaten at the election — Leavenworth county, at that time, being darkened
by the fogs and smoke of a Democratic majority.

Winchell came to the Territory as the accredited correspondent of the
New York Times; was about thirty-five years of age, rather under the
medium height, of delicate frame and slight build; was an accomplished
parliamentarian, of quick perceptions, great decision and remarkably clear
statement ; his manners were genial, he was a fluent speaker, and possessed
the average impartiality of a presiding officer. He had the first and most
essential qualifications of a successful man, for he fully recognized the fact
that absolute fidelity to friends was the basis of all poUtical action, and
he gave to those who had championed his cause for the presidency the
chairmanship of the most important committees. He was addicted to a
Ijlue coat and brass buttons — of course, a swallow-tail. A frock with brass
buttons is an abomination in the sight of the Lord, and is never permitted
outside of the army and the other branch of the service that was presided
over so long and gracefully by that Neptune of the Wabash, whose first
lesson of seamanship was poling Judge Usher across the river in a flat-
bottomed craft called a scow.

The manner in which he presided over the Convention, his judicious
use of the patronage of his position; his efforts on the floor, showing
thought, research and ability as a debater, and a capacity for other and
better places, made Winchell many friends and some rei)utation, and he
began to talk and be talked about for the LTnited States Senate — for be it
ever remembered that Washington is the Mecca of the average Kansas
I)o'itician; the Senate the 13eitu-'llah; the Committee of Indian Affairs the
gray stone at the southeast angle of the Kaaba that it is so meritorious
to touch, .^s soon as the Constitutional Convention adjourned, most of

Simpson: Wyandotte Convention. 655

the members went to Lawrence as delegates to the Congressional Conven-
tion, and they there made Winchell president of that. On the 12th day of
October succeeding came the Convention to nominate State officers, under
the Wyandotte Constitution. Winchell made an effort to obtain the
presidency of that, but was defeated by Wm. A. Phillips, of Arapahoe
county, by two votes. Arapahoe county at that time embraced all of the
rerritor>' west of the Dickinson county line that now constitutes the larger
part of Kansas, and the greater part if not all of Colorado. Winchell's
next appearance was in the Territorial Legislature — the last — as a candi-
date for Speaker of the House of Representatives, but John W. Scott, of
Allen county, defeated him. He lingered in the State until Lane and
Pomeroy were chosen as our first Senators, and then went back to New
York, where he died a few years ago.

The last House of Representatives of the Territorial Legislature con-
tained seven members who were among the delegates to the Wyandotte
Convention — Wm. Perry, of Leavenworth county; Geo. H. Lillie, of
Breckenridge ; John T. Burris, of Johnson; B. F. Simpson, of Lykins;
James Hanwa}', of Franklin; James M. Winchell, of Osage; and J. C.
Burnett, of Bourbon. Three of its members subsequently became Attorney-
General of the State, and I give them in the order of their election : Simp-
son, Guthrie, and Brumbaugh. But to return to the convention, and
reserve this House for a future sketch.

S. 0. Thacher, of Douglas county, was made President pro tern., with
great unanimity, a large minority having favored his election as President
instead of Winchell. The applicants for the position of Secretary of the
Convention were numerous and untiring in their soUcitation of members
for their votes and influence, but no one of them seemed to be regarded
with the degree of favor that created reasonable probabilities of success,
and doubts were entertained of their fitness for the place.

THE SECRETARY.

John A. Martin, of Atchison, was there to witness the opening cere-
monies, and to report them for his paper. He was a most devoted cru-
.sader in the cause of freedom; was young, enthusiastic, hopeful, and withal
of practical methods. Two years before he had invaded a strong Pro-
Slavery^ neiihborhood, bought what had been their own newspaper, and
thus employed one of their most formidable batteries against them, and
had been largely instrumental in working up a Free-State sentiment that
was then strong enough to control that locality. He had been one of the
warmest advocates of the organization of the Republican party in the Ter-
ritory, and was one of the secretaries of the Osawatomie convention. His
generous treatment of the public men of the Territory, his freedom from
local or personal prejudice, was in such marked contrast . to the action
of many of his cotemporaries as to create a most friendly feeling in his
behalf, and the delegates generally had confidence in his judgment and
discretion; so that the suggestion of his name as secretary, at a consultation
of delegates held to consider that and other questions, was accepted at once
and with great unanimity as the proper solution of the difficulty of selec-
tion. The first intimation he had of the action of that caucus was when its
committee waited on him, and urged him to accept the place. It is per-
haps use'ess to add that he discharged the duties of secretary to the entire
satisfaction of the body, and his bearing and conduct were such that he
endeared himself to the delegates; and to-day, whenever you find a mem-
ber of that body, you find a warm friend and ardent admirer of John A.
Martin.

656 Appendix C.

My record of him might stop here; but it is so pleasant to say kind
words of a friend, with the consciousness that no one can truthfully say
aught else, that I add his subsequent well-known history. He was one of
the first state senators from Atchison county, and then postmaster of the
city; led one of our best infantry regiments as a colonel during most of its
term of service — a gallant soldier, without stain or blemish; has represented
the Repubhcans in all but one national convention since 1860; is now
serving the fourth term as a member of the National Committee; and has
fostered and improved his paper, until to-day it is the most influential of
all our dailies.

J. L. Blanchard, of Anderson county, was selected for Assistant Secre-
tary, and made Col. Martin a very popular and efficient help-mate.

THE SERGEANT AND CHAPLAIN.

The position of sergeant-at-arms was assigned to George F. Warren,
who had a prescriptive right to the office, ha\dng served in that capacity
at every session of the Territorial Legislature since the advent of the Free-
State party to power. Warren was an active, restless busybody, who con-
scientiously believed that the whole responsibilit}^ of any convention or
Legislature that he was connected with was upon his shoulders, but he al-
ways discharged the duties of his position with great efficiency, and re-
lieved the monotony of adjournments by the purchase of Territorial scrip
at 40 per cent discount.

Werter R. Davis was the good-looking and able Chaplain of the Con-
vention. His prayers were short and fervent, his Sunday sermons able
and eloquent. He made himself a universal favorite by his pleasant de-
meanor, and great interest in the daily sessions, and we aU confidently
looked forward to the day when we could salute him as Bishop.

CHAIRMEN OF COMMITTEES

The organization was speedily completed by the prompt formation and
announcement of the committees by President Winchell. The selection of
Blunt, as chairman of the Committee on Militia, was such a happy coin-
cidence that in the fight of subsequent events it looks like inspiration, but
it is hardly possible that Winchell could surmise that in a few short years
he would be one of the most distinguished soldiers of the Republic.

Kingman was chairman of the Judiciary, and he was subsequently both
Associate and Chief Justice of the Supreme Court; Thacher, the Legisla-
ture; Burris, the Schedule; Graham, the Corporation; Simpson, the
Finance and Taxation; Ingalls, the Phraseology; Jas. Blood, the Ordi-
nance; and Preston, the Apportionment.

LEADERS OF THOUGHT.

In such a body as this, composed of fifty-two active minds, every one of
which was ambitious to have some thought or suggestion engrafted on the
body of the organic law, there was an earnest struggle for leadership, and
in such a contest the fierce winnowing fan soon separates the chaff from
the grain, and first-class capacity goes straight to the front.

The discussion of questions wandered over a large range of inquiry, and
embraced an unlimited variety of subjects, and while occasionally some
one delegate showed his superiority on a question tjo which he had given
thought and preparation, it was soon easily discerned that the leading and
controlling men were Thacher and Kingman, on the Republican side, and
Stinson and McDowell among the Democrats. Their familiarity with the

Simpson: Wyaxdotte Coxvextiox. 657

whole structure of fundamental law was enforced by the prompt and vigor-
ous discussion of questions that would be suddenly ejected into the body
of the debate in the shape of amendments to the reports of the committees
that had in charge special parts of the instrument, and of which they
could have no knowledge until they were offered by their authors as addi-
tions or substitutes to articles or sections. This brought into requisition
their ready knowledge and wonderful comprehension, and was the severe
test by which the leadership of the Convention was determined.

I know the treachery of memory, and the alternate "shine and glimmer"
of recollection, and fearing that my early impression of the mental power
of these men might have been the product of most personal friendly rela-
tions, and that I might have awarded them a prominence not justified, I
have, since I commenced to write this sketch, carefully read the reported
discussions of that body and reviewed its scenes, incidents and labors; and
having done so, I am satisfied that I have accorded the leadership where
it properly belonged.

At the same time it is due to others and to the truth of history to de-
clare that Winchell, Ingalls, Slough, Blunt, "Wrigley, Blood, Houston and
Burris were among the leading men of the Convention, and greatly aided
in giving expression to the most wise and beneficent provisions of the
Constitution.

STINSON.

What a galaxy of bright minds there was in Leavenworth in the early
days: — Stinson, Ewing, Parrott, Perry, McDowell, McCahon, Slough, and
Gamble. I name only those that are gone. There is some good material
left. Of all these, the most genial, magnetic, versatile and accomplished
was Samuel A. Stinson. He was born in the good state of Maine, and if I
mistake not, was a graduate of Bowdoin, the oldest and best endowed col-
lege in the state. He was tall, well formed, with a bright, fresh face —
indeed, his complexion was as delicate as that of a woman — with hair
struggling between shades of brown and light, a joyous disposition, pleas-
ant smile, and most affable manners. He devoured books, rather than
read them, his tenacious memory enabling him to call up their contents at
will. His voice was clear and flute-like, \vith the most persuasive accents,
and his wit sparkling and contagious. It was impossible to be in his pres-
ence and Usten to his bright saUies without having all your brighter and
better faculties started into action. He was a most graceful and fluent
speaker, with a wealth of words and great power of oratorical amphfication.
His poise was perfect, and his gestures the most appropriate and graceful,
with no "smell of the lamp," or strained effort, about his production; and
yet they were exuberant, fervid, and rich. He was the Rufus Choate of
the Kansas bar. He was the Democratic candidate for Associate Justice
of the Supreme Court, under the constitution to the formation of which he
contributed so much, but which he was finally prevailed on not to sign;
was subsequently elected Attorney-General of the State, and as such con-
ducted the impeachment cases against Secretary of State Robinson and
Auditor of State Hilyer, being pitted against Governor Shamion and the
Hon. Fred P. Stanton, both eminent lawyers, with long years of experience
to aid them, and established national reputations to sustain them; and
whatever may be the opinions of the men of those days as to the motives,
merits and results of the impeachment cases, all must admit that the pro-
fessional triumph of the trial was with Stinson. He was only twenty-six
years old when a member of the convention. The gods loved him, and he

42 — 773

658 Appendix C.

died at his old home in Wiscassett, Maine, on the 20th of February, 1866,
aged thirty-three years.

MC DOWELL.

An entirely different type of man was his colleague from Leavenworth
county, William C. McDowell. He was the son of a prominent lawyer
and politician of Ohio, and was born at Hillsborough in that state, and
educated to the bar. He was a strong, logical talker, trying always to
submit every question to the purifying process of reason, but without the
captivating graces of oratory that so distinguished Stinson. His speeches
were studied efforts, carefully arranged, with copious citations, and nu-
merous authorities. He was convivial and very pleasant in personal inter-
course, and told stories and repeated witticisms with great effect. But the
stories and wit were not of his own creation, for he was not an electro-
motor like Stinson, who generated the most sparkling gems of thought and
expression by both repulsion and attraction.

I never heard Stinson on the stump, but McDowell was one of the
best talkers in that line in the Territory. I recollect a joint discussion
between Marcus J. Parrott and McDowell at Paola, in the fall of 1859.
Parrott was the Republican candidate for delegate to Congress, and the
Democratic nominee was Sanders W. Johnston, who had been one of the
Territorial judges, and a Free-State man, who was then practicing law in
Leavenworth. For some reason he never met Parrott in debate. In the
earlier stages of the canvass, Geo. W. Purkins, a somewhat celebrated
lawyer of Leavenworth, essayed the task, but the qualities of the Parrott
metal soon caused him to retire, and McDowell was thrown into the breach
to try and save the Territory to the great National Democratic party,
that was composed of the old Pro-Slavery and the Free-State Democrats,
who fused on the organization of the RepubUcan party in the Territory.

PARROTT.

Parrott was the most splendid declaimer in the Territory. He strung
adjectives to adverbs and attached them to nouns with a fertility of ar-
rangement and a variety of meaning and expression that was wonderful.
He was to all intents and purposes a disciple of Buckle, and most of his
public addresses were an amplification or a paraphrase of some texts of
that most ingenious writer. Before an audience he was bright, captivating
and earnest. He had been prominently associated with the Free-State
cause, and had great personal popularity; but McDowell had an inde-
scribable way of "putting things" to a crowd that was irresistible, and I
thought his closing speech at that meeting was a most extraordinary effort;
and I recollect well that he took the house by storm, although two-thirds
of the audience were ardent supporters of Parrott. McDowell was elected
Judge of the First District, at the election under the constitution, and
died in 1867.

THOMAS EWING, JR.

Thomas Ewing, jr., did not possess the social qualities of either Stinson,
McDowell or Parrott — he was more reserved and dignified ; neither had he
the ever-bubbling wit and the ready learning of Stinson, nor the eloquent
recitative powers of Parrott; but he did possess the most sturdy, massive
and comprehensive mind of any man that ever lived in the Territory.
But it required great occasions and intense excitement to develop his
qualities.

All who were present will recollect his wonderful exhibition of power
La the discussion of the question of voting or non-voting under the Le-

Simpson: Wyandotte Convention. 659

compton Constitution, at Lawrence, in December, 1857. I heard him once
under circumstances that I shall never forget. It was in Washington
during the impeacliment proceedings against Andrew Johnson. Both sides
had arranged for a great popular demonstration in front of the Judiciary
Square, and it happened that both meetings were called for the same
evening, at the same place. The speakers' stands of the respective fac-
tions were almost within hearing distance of each other, and the friends of
impeachment, and the adherents of Johnson, were only separated by a
scattered hne of metropolitan policemen. The excitement was intense,
and great trouble was imminent. I never saw such feehng, or saw such
emotion portrayed, even on the eve of a great battle. The crowd of
highly-inflamed people that attended both meetings was simply immense.
I recollect that a large number of Kansas people attended the impeach-
ment meeting, with the old fighting Territorial blood surging through their
veins, and the history of their State flitting through their heads, with
chips on their shoulders, eager for some angry Johnsonite to knock them
off. The impeachment speakers were moderate and conservative in tone
to the last, when a radical member of Congress from Tennessee made
one of the most personally offensive and savage attacks on Johnson that
I ever heard from the lips of man. I think it was General Stokes. Both
crowds had by that time become tired, and great numbers had left, but
the excitement was so great that those managing the impeachment side
thought best to dismiss their meeting.

I walked over to the other one, that was still in progress. Ewing was
just beginning his speech, and his face and frame showed that he was
swayed by the most intense excitement. The torches had burned low, and
their dying and spasmodic flare threw a weird light over the scene. Ewing
seemed to have expanded into colossal proportions, and with a face dark-
ened by passion, and a voice that could be distinctly heard above all the
noise and din of the crowd, was denouncing the leaders of impeachment,
their plot to destroy the Government, their allies and abettors, the public
sentiment that demanded the removal of Johnson, and predicting all kinds
of disasters should the President be impeached.

I did not relish such talk, and I walked away from the scene with
my old army commander. General Blunt. We proceeded several blocks
before the silence was broken, and then Blunt said, in his slow, deliberate,
and mournful way, "I never liked Ewing — I never thought he was sincere
— but that is the most tragic and impassioned speech I ever heard." And
it was. It has been a marvel to me ever since that he did not so inflame
the Southern adherents of Johnson that night as to cause bloodshed.

SOLON O. THACHER ON FREEDOM.

The great speech of that convention was delivered by Judge Solon 0.
Thacher, of Douglas, in opposition to a resolution ofi'ered by Mr. McCune,
of Leavenworth county, asking that "free negroes" be excluded from a
residence in the State. From the circumstances attending the delivery, I
do not believe that the effort was a premeditated one, for the cruel propo-
sition was offered in the midst of the consideration of other questions, and
without notice. After several others had spoken, and notably. Gen. John
Ritchie, who had made a most earnest protest against it. Judge Thacher
took the floor, and delivered the most scholastic, eloquent and unanswer-
able argument in opposition to it. That speech settled the question in
favor of the absolute freedom of the Kansas soil to all colors and conditions
in life. I am sorry to record the fact that the occasion demanded such a

660 Appendix C.

splendid tribute to freedom, for the vote stood twenty-one for it, and
twenty-six against it.

THE DEBATERS.

Kingman, Thacher, James Blood, Winchell, Blimt, Burris, Graham,
Ingalls, Greer, Griffith, Hutcliinson, Slough, Stinson, McDowell, Ritchie,
Wriiley and Houston participated in all the general debates, Houston
and Blunt doing perhaps more than their fair share of talking. The hard-
fought questions were the establishment of the northern and western
boundaries of the State, the exclusion of free negroes, the apportionment
for members of the first State Legislature, and the homestead-exemption
clause. Finally, when the constitution had been adopted as a whole, and
was ready for signature, the Democrats refused to sign, principally be-
cause of the apportionment, for by the adoption of that all hope of the
election of Democratic United States senators was gone. The justification
for that apportionment scheme, that to the naked eye looked somewhat
like "skullduggery" — a familiar expression in those days — was the fact
that in the election for delegate to Congress, the Republicans had only
about two thousand majority in the Territory; that the Free-State Demo-
crats, and many who had never been Democrats, but were opposed to the
negroes coming into the State, and the Pro-Slavery men, had formed a
formidable and compact organization, and this, aided by all the power and
patronage of the Federal Goverrmaent, might control the organization of
the State on our admission, and for this reason a most ordinary dictate of
political action was observed by forming the Senatorial and Representa-
tive districts in such manner that the Republicans would be assured of a
majority of the Legislature. It caused great feeling at the time, and the
Democrats in and out of the convention howled hke a Marshall county
cyclone.

SUBSEQUENT BIOGRAPHY OP DELEGATES.

Of the members of the Convention, J. M. Arthur and Josiah Lamb, of
Linn county, are both dead.

Wm. R. Griffith, of 'Bourbon, was elected Superintendent of PubUc In-
struction at the first election under the Constitution he helped to form.
He died at Topeka, on the 12th day of February, 1862. J. C. Burnett, of
Bourbon, was elected to the last Territorial Legislature; was a member of
the first State Senate; appointed register of the Fort Scott land office, and
now lives in Russell county. Caleb May, of Atchison, now lives in Mont-
gomery. Robert Graham, of Atchison county, is dead.

John J. Ingalls, of Atchison, is now the senior Senator from Kansas. He
was the recognized scholar of the Convention, and authority on all ques-
tions connected with the arrangement and phraseology of the instrument.
Whenever he suggested a verbal amendment it was adopted by consent.
He was then in his twenty-sixth year, and was a comely youth to look upon.
But I will venture the assertion that he would not wear at his daily
attendance in the Senate such a hat as he wore during the sittings of that
Convention! It was a cheap, broad-brimmed chip, with the crown shoved
up until it assumed the shape of a cone, and then straws were taken out
until there were more holes in the top than plaits of straw ; and while time
has effaced the other peculiar features of that wonderful tile, I do recollect
that it was an ever-recurring subject of comment.

John T. Burris, of Johnson county, my room-mate, was a member of the
last Territorial Legislature, and soon after the election of Lane and
Pomeroy he was appointed United States District Attorney; resigned that
place to serve in the army as Lieutenant-Colonel of the Tenth Regiment,

SiMPSox: Wyandotte Convention. 661

and mustered out at the expiration of its term of service. During the
Price raid, in the fall of 1864, he served on the staff of Major General
Blunt, as a volunteer aide, and he and I carried the field orders in all the
various engagements. He was as gallant a soldier as ever wore a sword.
After the war he was Speaker of the House of Representatives, and on the
formation of the Tenth Judicial District was made Judge. He is now
practicing law at Olathe.

Edmund G. Ross, of that convention, and afterwards United States
Senator, (and as a member of the Legislature I voted for him), was another
army comrade. He lost two horses at Little Blue. All through that day
he was one of the coolest and bravest.

General Blunt, with a little army of 3,500, fought Price's whole force,
while the Kansas militia and other troops were within hearing of our guns
;md wanted to come to us, but were held back by Curtis and Carney.
Some day the history of that campaign will be written, and the credit
given to James G. Blunt that is his; for he, and he alone, among all the
generals, saved Kansas from ruin and devastation. Had it not been for
him, brave Tom Moonlight, gallant Charley Blair and heroic Sam. Craw-
ford would never have had an opportunity to fight for their State and
their homes.

James Hanway of Frankhn, Col. James Blood of Douglas, Luther R.
Palmer of Pottawatomie, and John P. Greer of Shawnee, are still living in
their respective localities, honored and respected citizens.

R. C. Foster, of Leavenworth, who was next to the youngest member,
and with whom I served in the State Senate in 1867-8, is the attorney for
the M. K. & T. Railway Company for Texas, and lives in Denison.

George H. Lillie lives at Eureka, Greenwood county, and is Probate
Judge. I had the pleasure of spending an hour in his office last summer,
and found him the same kind, generous friend as when we associated in the
Convention and Territorial Legislature. Samuel Hippie and Wm. Perrj-
are dead.

Every day when at home I see the genial face and good gray head of
Wm. P. Dutton, of Lykins. Slough went to New Mexico; fought gallantly
in the army, and was killed in an affray with an army officer, soon after the
close of the war. The subsequent history and location of the others are
unknown to me.

THE omnipresent INVESTIGATION.

I could never fathom what it was in the history or action of Kansas
that has caused a cruel fate to decree that, at the close of every deliberative
body held in the State there should be a disgraceful supplement in the
shape of an investigating committee. The Constitutional Convention was
no exception to the operation of this rule — abounding in shame, and giving
birth, sustenance and employment to an infinite number of the flannel-
mouthed whelps of that foul hag, Mrs. Candor, whose mendacious tongues
and contentious lips caused more well-defined and specific stenches to
.mse than could be possibly manufactured in the city of Cologne. This
particular disgrace was occasioned by the statement of a delegate from
Doniphan, Mr. E. M. Hubbard, that Wm. Hutchinson, one of the delegates
from Douglas county, had offered him a good lot if he would vote for
Lawrence as the temporary capital of the State. On this statement be-
coming known to the members of the Convention, an investigating com-
mittee was ordered and appointed, and commenced its labors.

Hubbard swore to the truth of his statement; Hutchinson denied under
oiiih. Hubbard then swore that the delegate from Douglas was a har, and

662 Appendix C.

the delegate from Douglas, being duly sworn, deposed that the delegate
from Doniphan was "another." And thus ended the testimony. The
committee reported the "facts" to the Convention, and the whole subject
was "laid on the table" — the usual parliamentary resort when no one knew
what else to do.

For nearly twenty years Kansas has lived and prospered imder the
shelter of the edifice reared by these men, with such changes and modi-
fications as time and different circumstances have required. This lapse
of years has been sufficient to demonstrate that the builders were endowed
with a reasonable knowledge of the wants of the future. But if this is not
so, for one thing they are justly entitled to the kind remembrance of the
men of to-day; they limited the State indebtedness to such a sum that
much of the financial prosperity of the State can be attributed to their
wisdom and foresight respecting that limitation.

A new year is dawning. No one can foretell the evils that lurk in its
shadows; but its sun will cast genial rays upon a milhon people — happy,
prosperous, frugal, temperate, and duly observant of all the duties, obU-
gations and requirements of the Wyandotte Convention.

After twenty years, P.^ola^ January, 1881.

APPENDIX C-2.
THE WYANDOTTE CONSTITUTIONAL CONVENTION.

(Address delivered at a reunion of the surviving officers and members of the Wyan-
dotte Constitutional Convention, held at Wyandotte, Kas., July 29, 1882. Reprinted
from "Addresses, by John A. Martin, delivered in Kansas. For private circtdation."
The Wyandotte Constitutional Convention, pages 17-36.)

Mr. President: It is often charged that participants in assemblages of
this character are apt to exaggerate the importance of the occasion ihey
commemorate, and, after the manner of one of our poets, sing in chorus:
"I celebrate myself." Perhaps I can speak of the Wyandotte Convention
and its work \vithout being accused of this self-gratulation ; for I was more
of an observer of its proceedings than a participant in them. I recorded
what was done, but I had no part or lot in the doing. If its work had been
crude or weak, I could not fairly have been held responsible for the failure.
As it was strong, efficient and enduring, I can feUcitate you, the survivors
of those who wrought this great service for Kansas, without a suspicion of
self-praise.

KANSAS CONSTITUTIONAL CONVENTIONS.

Four conventions framed Constitutions for this State. The first as-
sembled at Topeka, on the 23rd of October, 1855, and adjourned on the
11th of November, after a session of twenty days. It was composed of
forty-seven members, of whom thirty-one signed the Constitution. On
the 15th of December this instrument was submitted to the people for rati-
fication or rejection. Only 1,777 ballots were cast, all but 46 being favor-
able. One of its sections, a pro\ision excluding negroes and mulattoes from
the State, was submitted as an independent proposition, and adopted by an
affirmative vote of 1,287, to 453 against it.

The second convention was that held at Lecompton, which met on the
7th of June, 1857, and after a session of four days, adjourned until the
19th of October, a final adjournment being reached on the 3d of November.
It was composed of sixty-four members, forty-five of whom signed the
organic law it framed, and its session continued twenty days. No direct
vote on this Constitution was provided for. The schedule ordered two
forms of ballots, one, the "Constitution with slavery," the other, "Consti-
tution with no slavery." It was the old turkey-and-buzzard choice. The
Free-State men refused to vote at the election, held on the 21st of Decem-
ber, and only 6,712 ballots were cast, 6,147 being for slavery', and 569
against slavery. The Free-State men had, however, elected a majority of
the Territorial Legislature in October, and at a special session of that body,
held in December, a law was passed providing for a direct vote on the
Constitution. This election was held on the 4th of January, 1858, result-
ing: Against the Constitution, 10,266; for, 164 — the Pro-Slaver>' men not
voting. A third vote on the Lecompton instrument was taken August 2d,
1858, Congress having ordered its re-submission under the terms of the
English bill. Again it was rejected, the ballots in its favor being only
1,788, and those against it, 11,300.

The Leavenworth Convention met at Minneola, March 23d, 1858, and
at once adjourned to Leavenworth, where it reassembled March 25th. It

(663)

664 Appendix C-2.

was composed of mnet5--fi\e members, was in session only eleven days, and
the Constitution it framed was signed by eighty-three persons. This in-
strument was adopted at an election held May 11th, by a very small vote,
the Pro-Slavery men taking no part in the contest. It was never a popular
organic law, and many Free-State men who supported it did so under pro-
test. An earnest effort was made, by the Republicans, to secure the ad-
mission of Kansas under the Topeka Constitution, and by the Democrats,
nith a few exceptions, to bring the Territory in under the Lecompton Con-
stitution. But no serious or determined contest was waged, in Congress,
for admission under the Leavenworth Constitution, and in less than eight
months the movement in its behalf was formally abandoned.

THE WYANDOTTE CONVENTION.

Early in February, 1859, the Territorial Legislature passed an act sub-
mitting to the people the question of calling a Constitutional Convention.
This vote was taken March 2Sth, and resulted: For, 5,306; against, 1,425.
On the 10th of May, 1<S59, the Republican party of Kansas was organized,
at Osawatomie, and at the election held on the 7th of June, for delegates
to the Wyandotte Convention, the Republican and Democratic parties con-
fronted each other in Kansas for the first time. The Democrats carri.ed
the counties of Leavenworth, Doniphan, Jefferson and Jackson, and elected
one of the two delegates from Johnson. The Republicans were successful
in all the other counties voting. The total vote polled was 14,000. The
Republican membership was thirty-five; the Democratic, seventeen.

The Convention then chosen assembled on the 5th day of July, 1859.
In its composition it was an unusual, not to say remarkable, Kansas as-
semblage. Apparently the chiefs of the contending j)arties had grown
weary of constitution-making, or regarded this fourth endeavor in that
line as a predestined failure, for they were conspicuous by their absence.
In the Topeka Convention nearly every prominent man of the Free-State
party had a seat. Gen. James H. Lane was its president, and Charles
Robinson, IVIartin F. Conway, Marcus J. Parrott, Wm. Y. Roberts, Geo.
W. Smith, Philip C. Schuyler, Cyrus K. HoUiday, Mark W. Delahay, and
many other recognized Free-State leaders were members. In the Leaven-
worth Convention there was a similar gathering of widely-known Free-
State men. Conway was its president, and Lane, Roberts, Thos. Ewing,
jr., Henry J. Adams, H. P. Johnson, Sam'l N. Wood, T. Dwight Thacher,
Preston B. Plumb, Joel K. Goodin, A. Larzelere, W. F. M. Arny, Chas. H.
Branscomb, John Ritchie, and many other influential Free-State chiefs or
partisans, were among its members.

THE MEMBERSHIP.

In the Wyandotte Convention all the noted Free-State leaders were con-
spicuously absent. Its roll-call was made up of names generally new in
Kansas afi"airs, and largely unknown in either the I'ree-State or Pro-Slaverj-
councils. Its President, James M. Winchell. his colleague, Wm. McCul-
lough, and John Ritchie, of Shawnee, had been members of the Leaven-
worth Convention; Col. Caleb May, of Atchison, and William R. Griffith,
of Bourbon, had been members of both the Topeka and the Leavenworth
Convention; and Jas. M. Arthur, of Linn had been a member of the Topeka
Convention. But their prominence was largely local. On the Democratic
side, too, appeared men before unnoted in the annals of the stirring and
tremendous conflict that had for years made the young Territory the
cynosure of a continent's interest. None of the prominent Pro-Slavery

Martin: Wyandotte Con\t;xtion. 665

men who sat iii the Lecompton Convention or the Pro-Slavery Legislature
— Calhoun, Stringfellow, Henderson, Elmore, Wilson, Carr and others —
appeared in this body.

Perhaps the absence of these party leaders was a fortunate thing for
the Convention and the incipient State. For in discriminating intelligence,
m considerate zeal for the welfare of the people, in catholic grasp of prin-
ciples, and in capacity for defining theories clearly and compactly, the
members of this body were not wanting. On the other hand, there were
fewer jealousies and far less wranghng than would have been possible had
die envious and aspiring party leaders been present. I think it is certain
ihat the work was better done, done with more sobriety, sincerity, pru-
dence and real ability, than would have resulted had the recognized chiefs
of the rival parties been on the floor of the Convention. The pioneers —
the John Baptists — of the Free-State cause were all at Topeka, and the
Constitution they framed is disfigured by some blotches and much useless
verbiage. The leaders were all at Leavenworth, where they schemed for
precedence, and spread traps to catch one another, and quarreled over
non-essentials, and did everything but make a popular Constitution. Le-
compton was the last expression of a beaten, desperate and wrong-headed,
but intellectually vigorous faction, and was really, barring the mean
method of its submission, and its attempt to perpetuate Slavery, an ad-
mirable organic law.

The younger men of the Territory constituted the Convention at Wyan-
dotte. They came upon the field fresh, enthusiastic, and with a place in
the world of thought and action to conquer. They recognized the fact
that they must do extremely well to secure popular favor, and they set
about their task with industry, intelligence and prudence. They were not
martyrs or reformers, as many of those at Topeka were; nor jealous poli-
ticians or factionists, as most of those at Leavenworth were. They had
no old battles to fight over again, no personal feuds to distract them, no
recollection of former defeats or \dctories to reverse or maintain. They
were their own prophets. They had had no experience in constitution-
making, and hence did not look backward. They were not speciahsts. A
few had hobbies, but the vast majority had no bees buzzing in their bon-
nets. A few were dogmatic, but the many were anxious to discuss, and
willing to be convinced. A few were loquacious, but the majority were
thinkers and workers. Some were accomplished scholars, but the ma-
jority were men of ordinary education, whose faculties had been sharpened
and trained by the hard experience of an active and earnest life. Many
were vigorous, direct, intelligent speakers; several were really eloquent;
and a few may justly be ranked with the most versatile and brilliant men
Kansas has ever numbered among her citizens.

Very few were old men. Only fifteen of the fifty-two members were
over forty. Over one-third were under thirty, and nearly two-thirds
under thirtj^-five. Very few, as I have said, had pre%'iously appeared as
representatives of the people in any Territorial assemblage, and this was
especially true of the men whose talents, industry and force soon approved
them leaders. Samuel A. Kingman had been in the Territory only about
eighteen months, and was unknown, outside of Brown county, until he
appeared at Wyandotte. Solon 0. Thacher was a young lawyer of Law-
rence, never before prominent in public affairs. John J. Ingalls had served,
the previous winter, as engrossing clerk of the Territorial Council. Samuel
A. Stinson was a young attorney, recently from Maine. William C. Mc-
Dowell had never been heard of outside of Leavenworth; Benjamin F.

666 Appendix C-2.

Simpson was a boyish-looking lawyer from Miami county, and John T.
Burris had been practicing, for a year or two, in Justices' courts in John-
son county. John P. Slough had been a member of the Ohio Legislature,
but was a new-comer in Kansas; and Edmund G. Ross was the publisher
of a weekly newspaper at Topeka.

One-half of the members had been in the Territory less than two years.
Six came in 1854, four in 1855, and twelve in 1856, while Mr. Forman, of
Doniphan, dated his residence from 1843; Mr. Palmer, of Pottawatomie,
from 1854, and Mr. Houston, of Riley, from 1853. Forty-one were from
Northern States, seven from South, and four were of foreign birth; Eng-
land, Scotland, Ireland, and Germany each contributing one. It appears
singular that only one of the Western States, Indiana, was represented in
the membership, that State furnishing six delegates. Twelve hailed from
New England; Ohio contributed twelve; Pennsylvania, six; and New York,
four. Only eighteen belonged to the legal profession — an unusually small
number of lawyers in such a body. Sixteen were farmers, eight merchants,
three physicians, three manufacturers, one a mechanic, one a prmter, one
a land agent, and one a surveyor. The oldest member was Robert Graham,
of Atchison, who was 55; the youngest, Benj. F. Simpson, of Lykins county
(now Miami), who was 23.

A WORKING BODY.

It was a working body, from the first hour of its session until the last.
There is a tradition that the Continental Congress which promulgated the
Declaration of Independence was materially hastened in its deliberations
over that immortal document by swarms of flies that invaded the hall
where it sat, and made the hfe of its members a burden. Perhaps the in-
tense heat of the rough-plastered room where the Convention met, or the
knowledge that Territorial scrip would be received by importunate land-
lords only at a usurious discount, had something to do with urging dis-
patch in business. But certainly the Convention went to work with an
energy and industry I have never seen paralleled in a Kansas deliberative
body since that time. It perfected its organization, adopted rules for its
government, discussed the best mode of procedure in framing a Constitu-
tion, and appointed a Committee to report upon that subject, during the
first day's session; all the standing Committees were announced on the
third day; and by the close of the fifth day it had disposed of two very
troublesome contested election cases, decided that the Ohio constitution
should be the model for that of Kansas, perfected arrangements for report-
ing and printing its debates, and instructed its committees upon a number
of disputed questions The vote on selecting a model for the Constitution
was, on the second ballot: for the Ohio constitution, 25 votes; Indiana, 23;
and Kentucky, 1. So our Kansas Constitution was modeled after that of
Ohio — something, I think, as the farmer's new house was designed after
his old one; it was built upon the old site.

THE COMMITTEES.

The Chairmanships of the different Committees were assigned as fol-
lows: Preamble and Bill of Rights — Wm. Hutchinson, of Douglas County;
Executive Department — John P. Greer, Shawnee; Legislative Department
— Solon 0. Thacher, Douglas; Judicial Department^Samuel A. Kingman,
Brown; Military — James G. Blunt, Anderson; Electors and Elections —
P. H. Townsend, Douglas; Schedule — John T. Burris, Johnson; Apportion-
ment— H. D. Preston, Shawnee; Corporations and Banking — Robert Gra-
ham, Atchison; Education and Public Institutions — W. R. Griffith,

Martin: Wyaxdotte Convention. 667

Bourbon; County and Township Organizations — John Ritchie, Topeka;
Ordinance and PubUc Debt — James Blood, Douglas; Finance and Taxa-
tion— Benj. F. Simpson, Lykins; Amendments and Miscellaneous — S. D.
Houston, Riley; Federal Relations — T. S. Wright, Nemaha; Phraseology-
and Arrangement — John J. Ingalls, Atchison.

I have studied the composition of these Committees with some interest,
reviewing the work of their members in the Convention, and recalling
their subsequent careers. And it appears to me that in making them up,
President Winchell exhibited phenomenally quick and accurate judgment
of men. He was, indeed, one of the best presiding officers I have ever
known. His imperturbable coolness, never for an instant ruffled by the
most sudden and passionate outbreaks of excitement in the Convention;
his mastery of all the niceties of parhamentary law; his uniform courtesy
and tact; his promptness and clearness in stating his decisions; and above
all, the mingled grace and kindness and firmness with which he announced
to an indignant member an adverse decision, were really wonderful. But
what shall be said of that still more wonderful prescience with which he
made up the Committees? What induced this cahn, gray-eyed, observing
Uttle man, whose brass-buttoned blue coat was first seen by two-thirds of the
Convention on the morning of the 5th of July — what impelled him, within
twenty-four hours, to select an obscure, dull-looking, shock-headed countrj'
doctor as Chairman of the Military Committee, and thus name in con-
nection with military affairs, for the first time, the only Kansas soldier who
reached a full Major-Generalship? How did he happen to pass by half a
dozen more widely-known lawyers, and appoint as Chairman of the Judiciarj-
Committee a man who, during more than fifteen years thereafter, occupied
a place on the Supreme Bench of the State, for the greater portion of this
time as the Chief Justice? How came he to recognize so quickly, in the
Engrossing Clerk of the Territorial Legislature, the ripest scholar and the
fittest man in the body for the Chairmanship of the Committee to which
every article of the Constitution was referred for final revision and amend-
ment. In the youngest and most boyish-looking member, he found the
man who was to form, for this State, a code of Finance and Taxation whose
clear directions and wholesome restrictions have guarded Kansas against
the wasteful extravagance of Legislatures and the curse of a burdensome
public debt, during all the tempting and perilous affairs of its first quarter
of a century. And he named as head of the Committee on Education, the
first State Superintendent of Pubhc Instruction. All of his appointments
were made ^vith rare judgment, but those mentioned appear notably dis-
cerning.

PROGRESS OF WORK.

On the SLxth day a resolution favoring biennial sessions of the Legisla-
ture— adopted sixteen years afterward — was submitted and referred. The
first of a long series of resolutions or proposed sections of the Constitution,
prohibiting the settlement of negroes or mulattoes within the limits of the
State, was also introduced. This question, with others of a kindred nature,
such as propositions to prohibit colored children attending the schools, or
to exclude them from the University, or to forbid the appropriation of any
funds for their education, and last, and meanest of all, to deny to negroes
the shelter of county poor-houses, when poor and helpless, was voted upon
again and again, first in one form and then in another; and to the endur-
ing honor of the majority, always defeated. It seems singular, in this day
and generation, that such theories found persistent and earnest advocates.
But it should be remembered that all this happened before the war, when

668 Appendix C-2.

slavery was still an "institution" in nearly half the States of the Union.
The Pro-Slavery party was, of course, solidly in favor of excluding free
negroes from the State, and less than four years prior to the meeting of
the Convention, the Free-State party, in voting on the Topeka Constitu-
tion, had given a decided majority in favor of such exclusion. It therefore
required genuine courage and principle to go upon record against each and
every proposition of this character. For very few members who so voted
felt absolutely certain of the indorsement of their constituents.

The first article of the Constitution reported, that on corporations and
banks, was submitted on the sixth day and considered. It was stated by
the President that many other Committees had their reports in the hands
of the printer, and during the next few days they began to come in very
rapidly. The Convention, to expedite work, adopted a resolution re-
quiring all committees to report on or before Saturday, the eleventh day
of the session.

THE BOUNDARIES OF THE STATE.

On the seventh day, the annexation of that portion of Nebraska lying
south of the Platte river, was formally considered. The then organized
Nebraska counties included in that section of our sister state had elected
delegates to the Convention, who were present earnestly advocating annexa-
tion. This proposition was discussed during several days, and the debate
took a wide range. The Nebraska delegates were admitted to seats as
honorary members, with the pri\alege of speaking on this subject. The
final determination, however, was to preserve the original northern line.
Two influences induced this decision, one political, and the other local and
material. Many Republicans feared that the South Platte country was,
or would be likely to become. Democratic. Lawrence and Topeka both
aspired to be the State capital, and their influence was against annexation,
because they feared it would throw the center of population far north of
the Kaw.

The Preamble and Bill of Rights was reported on the tenth day, and
opened the whole question of the State's boundaries. The committee pro-
]iosed the twenty-third meridian as the western line, and the fortieth
parallel as the line on the north. This would have excluded about ninety
miles of territory within the present hmits of the State. The committee's
recommendation was, however, adopted, and stood as the determination
of the Convention until the day before the final adjournment, when Colonel
May, of Atchison, secured a reconsideration, and on his motion the twenty-
fifth meridian was substituted for the twenty-third. The northern bound-
ary question was finally settled on the fifteenth day, when, by a vote of
19 ayes and 29 nays, the Convention refused to memorialize Congress to
include the South Platte country within the limits of Kansas.

FE.\TURES OF THE CONSTITUTION.

On the seventh day the Legislative and Judicial Committees reported.
The Legislative article was considered next day. The Committee proposed
that bills might originate in either house, but Mr. Winchell submitted a
novel amendment, which required all laws to originate in the House of
Representatives. This was adopted, notwithstanding the vigorous opposi-
tion of Mr. Thacher, the chairman of the committee, by a vote of 37 to 13.
It survived the admission of the State only three vears, being amended
in 1864.

On the eighth day the Militia article was adopted; on the ninth day
the Judicial article was perfected, and the article on Education and Public

Martin: Wyandotte Convention. 669

Institutions reported and discussed; and on the tenth day the Committees
on County and Township Organizations and Schedule, reported. The
deathless pertinacity of a "claim" is illustrated by a petition presented that
day, from one Samuel A. Lowe, a clerk of the so-called "Bogus Legisla-
ture," who wanted pay for certain work he alleged he had performed.
Only a year ago, Mr. Lowe presented the same claim to Congress, and it
was, I believe, allowed by the House. But the Kansas senators made such
determined war on it that Mr. Lowe can still sing, "A claim to keep I
have."

I have mentioned the fact that Mr. Winchell was the author of the sec-
tion, providing that all bills should originate in the House. It should be
stated that Mr. Ingalls was the author of the provision that "in actions
for libel, the truth may be given in evidence to the jury, and if it shall
appear that the alleged libelous matter was published for justifiable ends,
the accused shall be acquitted." Another original provision of the Con-
stitution is the Homestead section. This was first proposed by Mr. Foster,
of Leavenworth county, on the sixth day of the session, and reported by
the Committee on Miscellaneous and Amendments, on the thirteenth day.
No other feature of the Constitution, perhaps, elicited more animated and
earnest debate. It was discussed for several days; amended, referred, and
again submitted. As originally reported, it provided for the exemption of
"a homestead of 160 acres of land, or a house and lot not exceeding $2,000
in value, or real, personal and mixed property not exceeding $2,000 to any
family." This was adopted by a vote of 28 ayes to 16 nays. Two days
later the vote was reconsidered, and President Winchell proposed the word-
ing finally adopted: "A homestead of 160 acres of farming land, or of one
acre within the limits of an incorporated town or city, occupied as a resi-
dence by the family of the owner, together with all the improvements on
the same, shall be exempted from forced sale under any process of law,
and shall not be alienated without the joint consent of husband and wife,
where the relation exists." Thus perfected, it was adopted by a vote of
33 to 7.

I thought at the time, however, and a review of the proceedings and
debates has confirmed my impression, that favorable action on this pro-
vision was due to the earnest and eloquent advocacy of Judge Kingman,
who was its most zealous, logical and courageous supporter. The home-
stead clause of the Kansas Constitution has been severely criticized, but I
believe the people of the State generally regard it as a most beneficent pro-
vision of their organic law. For nearly a quarter of a century it has been
maintained, and it still stands, as Judge Kingman said it would, guarding
"the home, the hearthstone, the fireside around which a man may gather
his family with the certainty of assurance that neither the hand of the
law, nor any nor all of the uncertainties of life, can eject them from the
possession of it."

The Finance and Taxation and the Executive articles were adopted on
the fourteenth day, and the Miscellaneous article considered. This
originally provided for the election of a Public Printer, but that section
was stricken out, after a vigorous protest by Messrs. Ross and Ingalls.
Nine years later their idea was indorsed by the adoption of an amendment
creating the office of State Printer.

On the seventeenth day the temporary capital was located at Topeka,
the second ballot resulting: For Topeka, 29; for Lawrence, 14; for Atchi-
son, 6.

»>70 Appendix C-2.

THE FIRST "prohibition AMENDMENT."

On the same day a proposition was made by Mr. Preston, of Shawnee
county, to amend the Miscellaneous article by adding the following section:

"Sec. — . The Legislature shall have power to regulate or prohibit the
sale of alcoholic liquors, except for mechanical and medicinal purposes."

A motion made to lay this amendment on the table, was defeated by a
vote of 18 ayes and 31 nays. But the anxiety of the members to exclude
from the Constitution any provision that might render its adoption doubt-
ful, or prevent the admission of the State, finally prevailed, and after a
full interchange of views, Mr. Preston withdrew his amendment. There is,
it is said, nothing new under the sun. Those who imagine that the pro-
hibition amendment adopted in 1880 was a new departure in constitution
making, have never examined the records of the Wyandotte Convention.

THE LAST OF SLAVERY IN KANSAS.

On the nineteenth day occurred the last struggle over the slavery ques-
tion in Kansas. Section 6 of the Bill of Rights, prohibiting slavery or in-
voluntary servitude, came up for adoption, and it was moved to add a
proviso suspending the operation of this section for the period of twelve
months after the admission of the State. This proviso received eleven
votes, and twenty-eight were recorded against it. A most exciting dis-
cussion occurred, on the same day, over the apportionment article, which
the Democrats denounced as a "gerrymander."

THE LAST DAYS.

The work of the Convention was practically completed on the twenty-
first day. The various articles had each been considered and adopted,
first in committee of the whole, then in Convention, then referred to the
Committee on Phraseology and Arrangement, and, after report of that com-
mittee, asain considered by sections and adopted. But so anxious were
the members that every word used should be the right word, expressing
the idea intended most clearly and directly, that when the reading of the
completed Constitution was finished, on the morning of the 21st day, it
was decided to refer it to a special committee, consisting of Messrs. Ingalls,
Winchell, Ross and Slough, for further revision and verification. This
committee reported the same afternoon, and again the Constitution was
read by sections, for final revision, with the same painstaking carefulness
and attention to the minutest details. All that afternoon, and all the ne.xt
day, with brief interruptions for action on other closing work, this revision
went on, and it was five o'clock in the afternoon of the 29th before the last
section was perfected. Then occurred one of the most dramatic scenes of
the Convention. Mr. Hutchinson submitted a resolution declaring that "we
do now adopt and proceed to sign the Constitution."

A spirited debate.

At once Mr. Slough addressed the Chair, and after warmly eulogizing
the general features of the Constitution, pronouncing it "a model instru-
ment," he formally announced that political objections impelled himself
and his Democratic associates to dechne attaching their signatures to it.
These objections he stated at length. They were, briefly: The curtailment
of the boundaries of the State; the large legislative body provided for; the
exclusion of Indians made citizens of the United States, from the privilege
of voting; the registry of voters at the election on the Constitution; the
refusal to exclude free negroes from the State; and the apportionment.

Martin: Wyandotte Convention. 671

This action of the Democratic members had been foreshadowed for
several days, but it was, nevertheless, something of a surprise. The Re-
pubhcans understood that several of the Democrats had earnestly opposed
such a course, and hoped that some of them would be governed by their
own convictions, rather than by the mandate of their caucus. For a few
moments after Mr. Slough concluded, the Convention sat, hushed and
expectant. But no other Democratic member rose. It was evident that
the caucus ruled. Then Judge Thacher, president pro tern., addressed the
chair, and in a speech of remarkable vigor and eloquence, accepted the
gauge of battle thrown down. "Upon this Constitution," he declared, "we
will meet our opponents in the popular arena. It is a better, a nobler
issue than even the old Free-State issue. They have thrown down the
gauntlet; we joyfully take it up." He then proceeded to defend, with
great earnestness and power, the features of the Constitution objected to
by Mr. Slough. "The members of the Convention," he asserted, "have
perfected a work that will be enduring." The Constitution, he affirmed,
would "commend itself to the true and good everywhere, because through
every line and syllable there glows the generous sunshine of liberty." It
was and should be, he declared:

"Like some tall cliff, that lifts its awful form.
Swells from the vale, and midway leaves the storm ;
Though round its breast the rolling clouds shall spread.
Eternal sunshine settles on its head."

Read in the hght of subsequent history, these declarations appear almost
prophetic.

SIGNING THE CONSTITUTION.

The twilight shadows were gathering about Wyandotte when this debate
closed, and the Convention proceeded to vote on Mr. Hutchinson's reso-
lution, which was adopted by 34 ayes to 13 nays — one Republican and four
Democrats being absent. The roll was then called, and the Constitution
was signed by all the Republican members except one, Mr. Wright, of
Nemaha, who was absent, sick. The work of the Convention was com-
pleted, and after voting thanks to its officers, it adjourned without date.

TWO MISTAKES.

Each party, I think, was guilty of one blunder it afterwards seriously
regretted — the Republicans in refusing to include the South Platte coun-
try within the boundaries of Kansas: the Democrats in refusing to sizn
the Constitution they had labored diligently to perfect. I speak of what
I consider the great mistake of the Republicans with all the more frank-
ness, because I was at the time in hearty sympathy with their action; but
I feel confident that no Republican member is living to-day who does not
deplore that decision. And I am equally confident that within a brief
time after the Convention adjourned, there were few Democratic members
who did not seriously regret their refusal to sign the Constitution,

"added to the stars."

On the 4th of October, 1859, the Constitution was submitted to the
people for ratification or rejection, and, for the first time in the history of
Kansas, all parties cast a full, free and unintimidated vote. The Repub-
hcans favored, and the Democrats generally opposed its adoption. Nearly
16,000 ballots were polled, of which 10,421 were for, and 5,530 asainst the
Constitution. The Homestead clause, submitted as an independent propo-
sition, was ratified by a vote of 8,788 for, to 4,772 against it. Every county

672 Appendix C-2.

in the Territory except two, Johnson and Morris, gave a majority for the
Constitution.

Two months later, December 6th, state and comity officers and members
of the legislature were elected, and the people of Kansas, ha\dng exhausted
their authority in state-building, patiently awaited the action of Congress.
On the 11th of April, 1860, the House of Representatives voted, 134 to 73,
to admit Kansas as a state, under the Wyandotte Constitution. Twice,
during the next eight months, the Senate defeated motions to consider the
Kansas bill, but on the 21st of January, 1861, several Southern senators
having seceded, Mr. Seward "took a pinch of snuff" and called it up aaain.
It passed by a vote of 36 to 16, and on the 29th of the same month Presi-
dent Buchanan approved it. Thus young Kansas, through many diffi-
culties and turmoils, was "added to the Stars."

AN ENDURING CONSTITUTION.

During nearly twenty-two of the most eventful and exciting years of
American history, the Constitution thus framed and ratified has defined
the powers and regulated the duties of the government of Kansas. Three
Legislatures have voted down propositions to call a new Constitutional
convention. Twelve or fifteen amendments have been submitted, but
only eight have been approved by the people. Finally, in 1880, the legis-
lature voted to submit a proposal for a new convention, and at the regular
election held in November of that year, this ballot was taken. The result
was an indorsement of the old Wyandotte Constitution by a majority far
more emphatic and overwhelming than that by which it was originally
adopted, the vote standing 22,870 for, and 146,279 against the proposed
convention, or nearly seven to one.

It is doubtful whether the organic law of any other state in the Union
has more successfully survived the mutations of time and inconstant pub-
lic sentiment, and the no less fluctuating necessities of a s^viftly-developing
commonwealth. Of its seventeen articles, only four, and of its one hun-
dred and seventy-eight sections, only eight, have ever been amended. And
of the eight amendments adopted, only five have revoked or modified the
principles or policy originally formulated, the others being changes de-
manded by the growth of the State, or by the events of the Civil War.
The first amendment, ratified in 1861, provides that no banking institution
shall issue circulating notes of a less denomination than Si — the original
limitation being $5. In 1864 the provision requiring all bills to originate
in the House of Representatives, was repealed; and a section intended tt>
prevent U. S. soldiers from voting, but which was so worded that it de-
prived our volunteers of that right, was also repealed. In 1867 an amend-
ment was adopted disfranchising all persons who aided the "Lost Cause,"
or who were dishonorably discharged from the army of the United
States, or who had defrauded the United States or any state during the
war. In 1868 the State Printer amendment was ratified. In 1873 the
number of senators and representatives, originally limited to 33 and 100.
respectively, was increased to 40 and 125. In 1875 three propositions, each
having in view biennial instead of annual sessions of the legislature, were
adopted. And in 1880 the Prohibition amendment was ratified. These
are all the changes that have been made in our organic law during nearly
a quarter of a century.

P.\11TIN0 AT WYANDOTTE.

It would violate the proprieties of such an occasion to comment on the
personal feuds or partisan broils which once or twice marred the general

Martin: Wyandotte Convention. 673

harmony and orderly progress of the proceedings. These were very few,
indeed, and none of them, I think, outlasted the Convention. The mem-
bers parted, when the final adjournment came, with mutual respect and
good-will, and the friendships formed during the session have been un-
usually warm and enduring.

SUBSEQUENT HISTORY.

It seems fitting that, in concluding this sketch of the Convention and
its labors, I should briefly narrate the subsequent history of its members.
It was a small company, that which parted here twenty-three years ago
to-day, and it was made up, as I have said, largely of young and vigorous
men. But when this remiion was first suggested, and I came to look over the
familiar names, I had so often called during the long, hot days of that far-
away July, it was painful to note the havoc death had made. It impressed
me something as did a roll-call I once witnessed, in the red glare of bivouac
fires after one of the great battles of the war, when surviving comrades
answered "killed," or "wounded," to one-half the names of a regiment.
Ten of the fifty-two members composing the Convention I have not heard
of for many years. Of the remaining forty-two, twenty rest quietly in

". . . The reconciling grave,
Where all alike lie down in peace together."

The largest delegation was that from Leavenworth county, and only one
of the ten gentlemen comprising it, R. Cole Foster, certainly survives.
Rare Sam Stinson, whose genial wit and brilliant accomplishments won all
hearts, was elected Attorney-General in 1861, by a unanimous vote, and
died in his old Maine home in February, 1866. William C. McDowell was
chosen Judge of the First Judicial District at the first election under the
Constitution, served four years, and was killed by a fall from an omnibus
in St. Louis, July 16, 1866. John P. Slough removed to Colorado, was
Colonel of a regiment raised in that State, and later a Brigadier-General;
was appointed, after the war, Chief Justice of New Mexico, and was killed
at Santa Fe. Samuel Hippie removed to Atchison county; served as
Quartermaster during the war; was elected State Senator in 1867, and died
in January, 1876. William Perry removed to Colorado, where he died.
Paschal S. Parks returned to Indiana, and engaged in journalism and the
law until his death, three years ago. Fred. Brown died in St. Joseph, Mo.,
and John Wright at his home in Leavenworth county. Robert Graham,
of Atchison county, the oldest member, died in 1868. Three of the five
members from Doniphan county, Robert J. Porter, Benjamin Wrigley and
John Stiarwalt, are dead. The members from Linn, James M. Arthur and
Josiah Lamb, are both dead, as are also N. C. Blood and P. H. Townsend,
of Douglas; H. D. Preston, of Shawnee; Allen Crocker, of Woodson, and
T. S. Wright, of Nemaha. W. R. Griffith, of Bourbon, was elected the
first State Superintendent of Pubhc Instruction, and died February 12,
1862, before the completion of his term. James G. Blunt, of Anderson,
who became a Major-General during the war, and won renoun as a brave
and skillful soldier, died, in Washington, a year or more ago. James
Hanway, of Franklin, after a long life of usefulness, died at his old home
only a brief while ago. President James M. Winchell returned to New
York shortly after the outbreak of the Rebellion, and resumed his connec-
tion with the Times, first as war correspondent, and afterwards as an edi-
torial writer. Until his death, a few years since, he was employed upon
that great journal.

43 — 778

674 Appendix C-2.

SURVIVING MEMBERS.

Of the sundving members, many have attained the highest distinction
of the State, and all, 1 believe, are useful and honored citizens. At the
first election under the Constitution, Samuel A. Kingman was chosen as
Associate Justice of the Supreme Court; in 1866 he was elected Chief
Justice, and reelected in 1872. Benj. F. Simpson was elected the first At-
torney-General of the State, but resigned the position to enter the army,
in which he served throughout the war. He has since been Speaker of the
House of Representatives, several times a State Senator, and is now serv-
ing his second term as U. S. Marshal. Solon 0. Thacher was chosen Dis-
trict Judge at the first election under the Constitution, has since occupied
many positions of honor and responsibility, and is a member of the pres-
ent State Senate. J. C. Burnett, S. D. Houston and Sam'l E. Hofi'man were
members of the first State Senate, and Geo. H. Lillie was a member of the
first House of Representatives. E. G. Ross was appointed United States
Senator in 1866, and elected in 1867, serving until 1871. John J. Ingalls
was chosen a State Senator in 1861; was elected United States Senator in
1873, and reelected in 1879, and is still occupying that distinguished place.
John T. Burris was Lieutenant-Colonel of the Tenth Kansas, and subse-
quently District Judge. Wm. P. Dutton, James Blood, L. R. Palmer, John
P. Greer and John Ritchie have filled many positions of local trust and
prominence, with credit and usefulness. R. C. Foster and John W. Forman
are residing in Texas; William Hutchinson lives in Washington; Ed. Stokes
in Arkansas, and C. B. McClelland, E. Moore and E. M. Hubbard are
still prominent and honored citizens of the counties they represented. My
old friend, Col. Caleb May, sole surviving member of the three Free-State
Constitutional Conventions, lives in Montgomery county. If Dean Swift
was right in saying that "whoever could make two ears of corn, or two
blades of grass, to grow on a spot of ground where one grew before, would
deserve better of mankind, and do more essential service to his country,
than the whole race of politicians," what honor is due this sturdy Kansas
farmer, who, during a residence of twenty-eight years in the State, has
never — not even in the disastrous seasons of 1860 and 1874 — failed to
raise a good crop. Even the heroic service he rendered the cause of Free-
dom during the darkest days of the struggle in Kansas, was less valuable
to the State than this practical and triumphant vindication of its soil and
climate.

"lost to sight."

Stalwart, quiet Wm. McCullough I have not heard of for many years.
John A. Middleton, of Marshall county, was a soldier in the Seventh
Kansas, removed to Montana in 1864, and I have learned nothing of him
since. R. L. Williams, of Douglas; A. D. McCune, of Leavenworth; J. H.
Signor, of Allen, and J. T. Barton, of Johnson, have all disappeared and
left no sign. I know not whether they are living or dead.

THE officers.

Of the officers of the Convention, queer old George Warren, Sergeant-
at-Arms of nearly all the early Kansas Legislatures and Conventions, died
many years ago. Ed. S. Nash, the Journal Clerk, was Adiutnnt of the
first Kansas, and died some years since in Chicago. Robt. St. Clair Graham,
one of the Enrolling Clerks, was elected Judge of the Second Judicial Dis-
trict in 1^66, and died in 1880. Richard J. Hinton, also an Enrolling Clerk,
is the editor of the Washington (D. C.) Gazette, and a widely known
journalist. Werter R. Davis, the Chaplain, was a member of the first

Martin: Wyandotte Convention. 675

State Legislature; was Chaplain of the Twelfth and Colonel of the Six-
teenth Kansas regiments during the war, and is one of the most prominent
clergymen of his denomination in the State. S. D. McDonald, printer to
the Convention, is still engaged in journalism. J. M. Funk, the Door-
keeper, and J. I. Blanchard, the Assistant Secretary, I have not heard
from or of for many years.

conclusion,

I wish I could sketch more in detail the work and history of the mem-
bers of the Convention. But this paper is, I know, already too long. I
have tried to tell how our Constitution was made. I could not narrate,
within reasonable limits,

"What workman wrought its ribs of steel,

Who made each mast, and sail, and rope,

What anvils rang, what hammers beat.

In what a forge and what a heat

Were shaped the anchors of its hope."

It is enough to say that the work has proved strong and enduring.
Through the groping inexperience of our State's childhood and the still
more perilous ambitions of its youth, through the storm of civil war and
the calm of prosperous peace, the Wyandotte Constitution has justified
the confident hopes of its early friends. The most marvelous changes have
been wrought in this country since it was framed. The huge brick build-
ing in which the Convention held its sessions, long ago crumbled and fell.
The distracted, dependent and turbulent Territory has grown to be a
peaceful, powerful and prosperous State. Its hundred thousand people
have multiplied to a million. Upon its vast and solitary prairies, where
then bloomed a wild and unprofitable vegetation, "wherewith the mower
filleth not his hand, nor he that bindeth sheaves his bosom," miles of green
meadows now glisten with morning dew, and thousands of golden wheat-
fields shimmer in the noonday sun, and millions of acres of tasseling corn,
rustling in the sweet twilight air, tell of harvests so bountiful that they
would feed a continent. Every quiet valley and prairie swell is dotted
with pleasant homes, where happy children laugh and play and men and
women go their busy ways in prosperous content. Eager learners throng
eight thousand schoolhouses. Church bells ring in nearly every county
from the Missouri to the Colorado line. More than four thousand miles
of railway bind town and country, factory and farm and store, into one
community. And over all the institutions and activities of this great, in-
telligent and orderly commonwealth, broods the genius and spirit of the
Wyandotte Constitution. Under its ample authority and direction, just
and generous laws have maintained the rights of citizenship, given pro-
tection to labor and property, stimulated enterprise, multiplied industries,
opened to every child and youth the door of school and college, encouraged
morality, fostered temperance, protected the weak, restrained the strong,
and sternly punished outbreaking crime. And still the sunshine of popular
confidence and favor falls upon the Constitution. It has outlived half
of its framers, and when, a quarter of a century hence, the last surviving
member of the Convention awaits the inevitable hour, the Wyandotte
Constitution may yet be the chart and compass ordering and guiding the
destinies of a state whose imperial manhood is foreshadowed by its stalwart
and stately youth.

APPENDIX D.

THE SOURCES OF THE CONSTITUTION OF KANSAS.

(An address by Rosa M. Perdue, delivered before the Kansas State Historical Society,
at its twenty-first annua^l meeting, held January 15, 1901. Reprinted by permission of
the Society, from Vol. 7, Kansas Historical Collections, pages 130-151.)

Constitutional conventions in new states have always clung tenaciously
to the general plan of the organic law of some model state. The three
departments of government, with a system of checks and balances, are
fundamental. The details of administration and new features have been
added continually, as the experience of different states proved their neces-
sity. The Western states have new provisions to meet new conditions,
but they have in other respects followed the precedent of some older state.
Each new state usually adopts the points tested in the constitutions of the
preceding decade. The states of the North have mostly followed the
precedent of New York, and those in the South have in the majority of
cases taken the constitution of Virginia for a model.

It is the purpose of this paper to trace the sources of the Kansas con-
stitution, formed by the convention at Wyandotte in July of 1859. As a
preparation for this constitutional convention, the people of Kansas had
learned several lessons from three earlier attempts at constitution making.
The statement is frequently made that the Wyandotte constitution was
formed upon the Topeka model. This is an entire mistake. Though the
convention was guided in several particulars in local matters by the earUer
constitutions, no one of them was adopted as a model. Only seven of the
fifty-two members had been delegates to any earlier convention, and the
majority were in favor of adopting a new plan.

The delegates met in Wyandotte July 5, 1859, and organized by electing
James M. Winchell, president, and John A. Martin, secretary. The de-
pendence of the convention upon precedent first developed in the discus-
sion which arose between those who wished to administer an oath to all
delegates and those who thought it necessary for officers only. The law
providing for the organization of the convention was silent on this point.
James G. Blunt stated that he had examined the precedents, and found
that in some bodies of like character the oath had been administered and in
others it had not. The question had been raised in the Ohio convention
of 1851. There, too, the law had not required that an oath be adminis-
tered to the entire membership, but they had finally agreed to take the
oath to support the constitution of the United States and tr faithfully
perform their duties as members of the convention.

That nothing might be omitted that any other state had done to solem-
nize its proceedings, the convention adopted the plan and oath of Ohio,
and Mr. Wm. L. McMath, a notary public of Wyandotte, was selected
to administer it. The members, rising in their places, received the follow-
ing: "You and each of you will support the constitution of the United
States, and faithfully discharge your duties as members of this Conven-
tion." The officers then stood up and a similar oath was administered.
This early adoption of the example of Ohio foreshadowed a later adoption
of the constitution of that state as a model by which the constitution of
Kansas should be drawn.

(676)

Perdue: Sources of Constitution. 677

The members of the convention were organized in fifteen committees,
each of which was to prepare a draft of provisions appropriate for a par-
ticular article of the constitution. In order that the drafts prepared by
the committees might be harmonious, it was necessary to decide upon a
common basis for action. This was difficult to do, on account of the vary-
ing nativity and experience of the delegates. The largest representation
from any one state was the thirteen from Ohio. Seven were natives of
Indiana, and five each of Kentucky and Pennsylvania. Four were from
New York, three each were from New Jersey and Vermont, and two each
from Massachusetts and Maine. Four members were foreigners, repre-
senting England, Ireland, Scotland and Germany. Five delegates had
helped to form the Leavenworth constitution, and three had been mem-
bers of the Topeka convention. Each group knowing the provision of its
own constitution best, was in favor of adopting it as a model. During
the debate, John P. Slough advocated the Leavenworth constitution, and
William R. Griffith, being a native of Indiana, thought the constitution of
that state would be the proper model.

Solon 0. Thacher suggested the plan which was adopted. It pro\aded
that the roll of the convention be called, and that each member name
the constitution which he preferred as a basis for the convention to act
upon, and that if on this vote no one constitution received a majority the
roU be called again, and that the members confine their responses to one
of the three Constitutions having the highest number of votes. Upon the
first ballot Ohio received thirteen votes; Indiana, twelve; and Kentucky,
six. Five votes were cast for the Leavenworth and three for the Topeka
constitution. Pennsylvania and Iowa each received two votes, and Massa-
chusetts, Maine, Michigan, Minnesota and Oregon, one each. The number
of votes for Ohio corresponds to the number of delegates native of that
state. The number of votes for the Topeka and Leavenworth constitutions
correspond, respectively, with the number of members who helped to form
these constitutions. The seven members from Indiana and five from Ken-
tucky were doubtless state loyal, and must have received votes from
states having smaller delegations. The other votes bear no apparent re-
lation' to the members present from the respective states. On the second
ballot, Ohio received twenty-five votes, Indiana twenty-three, and Ken-
tucky one. The Ohio constitution, having received the majority of the
votes cast, was made the basis for action, and copies of that constitution
were printed and distributed to the members of the various committees.

Many other constitutions were in the hands of the delegates, and sec-
tions peculiarly adapted to conditions in Kansas were appropriated from
them. Among the constitutions mostly drawn from were the Michigan
constitution of 1850, the Iowa constitution of 1857, Wisconsin of 1848,
lUmois of 1848, Indiana of 1851, Minnesota of 1857, New York of 1846,
Pennsylvania of 1838, Kentucky of 1850, and the earlier Kansas constitu-
tions, framed at Topeka, Lecompton and Leavenworth.

The reports of the committees, being completed at different times, were
presented to the convention in irregular order. For that reason this paper
^\•ill follow the arrangement of the completed document. The ordinance is
first in order. No such instrument having been prefixed to the Ohio con-
stitution of 1851, the committee on ordinance was without a definite
precedent to follow in its deliberations. Robert Graham, a member of
the committee, offered to the convention as an instruction to the com-
mittee on ordinance the proposition included in the "English bill," saying
that it was "the same proposition as that made to the people of Kansas
by the Democratic party in the event of the adoption of the Lecompton

678 Appendix D.

constitution. If this convention should adopt the article, that party could
not consistently oppose its pro\dsions in the coming constitutional election."
Upon comparison, it is evident that the Lecompton ordinance and the
English bill were the precedents followed. The enacting clause is that of
the Lecompton constitution. Section 1 of the report of the committee
was exactly section 1 of the English bill, but Mr. Wincheli proposed a
substitute stating the same provisions in better language, which was
adopted. Section 2 is the first part of section 2 of the English bill, except
that the manner of selecting the land is left to a provision in section 8.
In section 3 the grant of land was extended from ten to thirteen sections,
which was the amount provided in section 3 of the Leavenworth ordi-
nance. The separate grant of seventy-two sections of land for the erection
and maintenance of charitable and benevolent institutions is additional.
Section 5, appropriating salt springs, with six sections of land adjacent
thereto, is taken from section 4 of the English bill, though all the pro-
visions of this section of that article were not adopted. Section 6, asking
for five per centum of the proceeds of the sale of public lands, follows
section 5 of the English bill, except that that document appropriates the
income to internal improvement. The committee set it aside as a per-
manent fund, the income of which should be devoted to the support of the
cornmon schools. A suggestion of this idea is found in section 3 of the
ordinance to the Leavenworth constitution. Section 7, appropriating the
500,000 acres of land granted to the new states by act of Congress Septem-
ber 14, 1841, to the support of the common schools, has precedent in the
California constitution, article IX, section 2; in the constitution of Iowa,
article IX, section 3, and most constitutions since the grant was made.
Section 8, prescribing the manner in which the selection of such land
should be made, was a part of section 2 of the English bill.

The next in order of the preliminary articles is the preamble. Mr.
Hutchinson said, in explanation of the report of the committee, that the
article was copied almost word for word from the preamble of the Massa-
chusetts constitution, which had been composed by John Adams. This
would have been of liistoric interest, at least, but the members of the
Kansas convention discarded it in favor of a short enacting clause pre-
pared by Samuel A. Stinson. In introducing this clause, he stated that
it was the usual form of the constitutions which he had examined. He
appears to have taken Minnesota for a model, and added a few words
from Wisconsin or Iowa.

The preamble is followed by the bill of rights. With exception of an
additional provision to section 6, and a few transpositions and changes in
phraseology, the last nineteen provisions of the bill of rights are, section
for section, modeled upon the Ohio precedent. The first section was the
only one that led to an extended debate. It was an exac. copy of the
first section of the Leavenworth bill of rights. T. Dwight Thacher states
that the section reported was copied from the Lecompton bill of rights,
with slight changes in the phraseology made by the Leavenworth constitu-
tion, with the definite purpose of antagonizing the pro-slavery sentiment.
Its introduction occasioned a violent debate. To pour oil upon the
troubled waters, the first section of the Ohio bill of rights was twice in-
troduced. The first time it was voted down, and the second declared out
of order. Finally, Samuel A. Kingman proposed the following: "All men
are possessed of equal and inalienable natural rights, among which are
those of life, liberty, and the pursuit of happiness." He said that he
"wished the purely American feeling to appear in this first section." These
terms were already in the hearts of the people; they had become tradi-

Perdue: Sources of Constitution. 679

tional. The declaration of independence and declaration of rights formed
a part of the political creed from which no man could extricate himself.
He loved the form in which old ideas were expressed. They were, in form
as well as spirit, the political bible of every citizen. If you change the
language, you mar its beauties. He had therefore selected a few words
from these documents and molded them into a substitute that would show
no man's prejudice and was broad enough for all to stand upon. In this
form the section was adopted.

Article I. — Executive. Nineteen of the twenty sections of the Ohio
article; three were preser^-ed in the report of the committee on executive
department, section 4 only being omitted and sections 1 and 2 being com-
bined. A few changes were made in the report during the debate upon its
adoption. To the list of officers enumerated in the first section the state
superintendent of public instruction was added. The term of service for
the auditor was changed to two years, to correspond with the term of
service for other officers.

The provisions of section 2, respecting returns of elections, occasioned
some discussion. Mr. Thacher did not approve the requirement that the
returns be sent directly by the township officers, but proposed that an
abstract of the returns of every election in each county be sent by the
clerk of that county. Mr. Burris favored the plan of Iowa, which trans-
mitted the returns to a county board, which sent them on to a state board.
Mr. Thacher said that New York as well as Iowa sent the returns to a
state board of commissioners, and that in his opinion, in Kansas, the secre-
tary of state, the auditor and the attorney-general should constitute a
board to canvass the returns and declare the result, instead of entrusting
this to the president of the senate. A section, copied mostly from Iowa
and New York, and embodying the propositions of Messrs. Thacher and
Burris, was introduced. It was amended by requiring that the returns be
directed to the secretary of state, who, in connection with the lieutenant-
governor and attorney-general, was to constitute the board of canvassers
for the state. The section was then approved by the convention.

The part of section 4 which provided for the execution of laws by the
governor was transposed from section 4 to section 3. Sections 5 and 6 of
the report, concerning the governor's message to the legislature and his
power to call extra sessions, were combined for the present section 5.
The provision that the governor shall be commander of the military and
naval forces of the state was stricken from the report, with the intention
of making a like provision in the legislative department. In lieu of section
9, defining the power of the governor to grant reprieves and pardons, a
more concise statement containing the same provision was adopted. Sec-
tions 14 and 15 of the report, now sections 12 and 13 of the completed
article, were changed by introducing the lieutenant-governor, to agree with
the changes in section 1. In section 16, now section 18, ten days were
substituted for the five days required in the Ohio constitution as the time
before the regular sessions of the legislature in which the officers of the
state institutions are to report to the governor.

It therefore follows that each provision of the Ohio article on executive
department, except sections 4 and 10, is now embraced in the Kansas
article. Many of the sections are now transferred to dilferent positions,
but a careful comparison will discover all.

Article II. — Legislative. The committee on legislative department
made an effort to follow the Ohio precedent, but Mr. Thacher, its chair-
man, having been a member of the legislature of New York, knew manv

6S0 Appendix D.

good pro\'isiou5 iu the constitution of that state which he incorporated
in the report.

Section 1 of the report of the committee, ''The legiilative powers of
this state shall be vested in a senate and assembly." was word for word
section 1 of the Xew York article. It was amended by changing the last
phrase to read, "in a hotise of representatives and senate." The word
■"assembly," characteristic of the constitution of Xew York, was used
throughout the report of the committee. The members of the convention
preferred the term "house of representatives," and ordered, as an amend-
ment, that it should be substituted in all places where the word "assembly"
had been used.

The pro%isions of section 2 occasioned a debate, most of which was de-
voted to a comparison and defense of precedents which members found iu
different constitutions. The term for senators, two years, and for repre-
sentatives, one year, and the di\ision of the state into senatorial and repre-
sentative districts, were copied from the Xew York constitution. But the
number of senators and representatives pronded for the first session of
the legislature was determined by the committee on apportionment. It
was their purpose to give to each coimty at least one representative. Mr.
Slough, for the sake of economy in so young a state, wished to reduce the
number of representatives from seventy-five to fifty. Pascal S. Parks ob-
served that an examination of the constitutions of other states had shown
that, on first organization, Indiana had had ten senators and twenty-five
representatives, Missouri fifteen senators and thirty representative, and
Ohio fifteen senators and thirty representatives. He' thought that, in pro-
portion to the size of the states, seventy-five representatives would be more
satisfactory to Kansas. William C. McDowell thought this expense im-
necessar\'. 'The great state of Ohio, only ten years ago. ^\"ith a popijlation
of over a million, had no larger representation than the committee pro-
posed to give the 70,000 inhabitants of Kansas: population, not coimties,
should be the basis for representation." J. C. Burnett silenced opposition
by citing the precedent of Maine, with 300 or 400 members in her legisla-
ture, and Massachusetts, with 500 or 600, and asserted that the compara-
tive size of the states would show seventy-five members for her house of
representatives to be economy in the state of Kansas. The precedents of
the constitutions of X'ew York and Pennsylvania were urged in favor of
adding to section 2 a pro\-ision guaranteeing to each county at least one
representative in aU subsequent elections. J. T. Barton proposed to strike
out the pro\ision for twenty-five senators and insert twenty, and urged the
example of Illinois in support of the proposition. Mr. Thacher explained
that, as the report stood, the senators and representatives were appor-
tioned in the ratio of one to three. To adopt the change would destroy
the proportion, and twenty-five was certainly not too many senators t-o
represent the people.

The term of office for a representative, reported by the committee, was
one year, as in X'ew York esj^ecially, and in several other states. In de-
fense of the one-year term, and annual sessions of the legislature, Mr.
Blunt asserted that Indiana and Ohio had in their earlier constitutions the
one-year term, and, since ha^■ing changed to two years, were contemplat-
ing a change back again. If bieimial sessions were unsatisfacton,- in an
old-settled state, they would be disastrous to a new state, like Kansas. Mr.
Burris disagreed; he remembered distinctly the annual sessions in Ken-
tucky, under the old constitution. Some twenty years since, Kentucky'
pro\-ided in her new constitution that the legislature should meet only once

Perdue: Sources of Constitution. 681

in two years, and the people were satisfied with the results. He also knew
that, only two years before, in the state of Iowa, the people, in their con-
stitutional convention, voted to continue the biennial sessions pro\'ided in
their old constitution. A vote in the convention decided in favor of the
one-year term and annual sessions of the legislature. The amendment to
the section was ratified in 1S75.

John James Ingalls proposed that the third section, fixing the salary- and
mileage allowed to members of the legislature, be stricken from the report-,
as superfluous. Mr. Thacher explained that the committee had found it
customary in other constitutions, especially New York, Wisconsin. Iowa
and Kentucky, to fix the per diem and mileage of members of the legis-
lature. It was too great a temptation for members to be called upon to
fix their own compensation.

Section 4, describing the qualifications of members of the legislature, is
from section 6, article IV, of the Wisconsin constitution. Its worchng ex-
pressed the idea more clearly than any section of the Ohio constitution.

Section 5, disqualifjing members of the legislature for holding office
under the government of the United States, is from section 3, article III,
of the New York constitution. It is foimd also in section 13, article IV. of
the Wisconsin, and in less definite terms in the constitutions of several
[other] states.

The original section 6. guarding against embezzlement and misiose of
public funds, was taken from the Ohio constitution, but it was so amended
as to reduce it to its present form.

The oath of office prescribed for all officers of the state was, verbat-m.
section 28, article IV, of the Wisconsin constitution. A slight change was
made to improve the wording of the first line, and the last phrase was
stricken out in the committee of the whole.

Sections 8, 9, 10, and 11, prescribing the methods of organization and
proceedings in the houses, and making pro^i5ion for filling vacancies, and
keeping a journal, foUow the Ohio precedent, and are almost universal
pro\'isions of the constitutions of other states.

The report of the committee followed the time-honored precedent of
all earlier constitutions by allowing bills to originate in either house, sub-
ject to revision and rejection by the other. But Mr. Winchell submitted,
as a substitute: "All bills shall originate in the house of representatives.
and be subject to amendment or rejection by the senate." He stated that
the arguments used in favor of originating revenue bills in the house ap-
pUed equally to aU other bills. No precedent was found for such a mode
of procedure, and some members thought it dangerotis to tr\- the experi-
ment. However, a vote of the convention sustained the substitute, and
the section stood in this form until amended November S, 1864. The ma-
jority necessary to pass a bill or joint resolution, as pro^■ided in section 13,
was adopted from the Ohio constitution, section 9, article 11. It has
further precedent in the New York constitution, section 15. article III.

Section 14, granting a Umited veto to the governor, was modeled upon
section 9, article IV, of the New York constitution. Mr. Blimt, Mr. Mc-
Dowell and others wished the section stricken from the report. Mr. Blunt
thought it possible to impose checks enough upon legislation without liv-
ing the governor any part in it, and urged that the constitution of Ohio,
adopted as a basis for action, contained no veto clause. He believed the
historj' of that state for the last ten years had proved the wisdom of the
omission. Other members referred to recent beneficial results of the use
of the veto power in Indiana, and showed by President Jackson's veto of

682 Appendix D.

the bank-charter bill that the veto in the hands of the executive is not
final unless supported upon ultimate appeal to the people. Besides the
model in the New York constitution, the provision for the veto power is
found in the California constitution, section 17, article IV ; the Iowa consti-
tution, section 16, article III; the Indiana constitution, section 14, article
V, and in several others. The large array of precedents led to the adoption
of the provision.

Sections 15 and 16 are evidently modeled upon section 15 of the Ohio
article II. Two-thirds majority is substituted for the three-fourths re-
quired that constitution to suspend the rule for reading bills upon three
separate days. A provision is also inserted prohibiting the omission of
reading a bill by sections on its final passage; otherwise the sections are
identical.

For section 17, the committee had reported section 15, article IV, of
the Topeka constitution. Upon motion of Benjamin Wrigley, section 26,
article II, of the Ohio constitution, was prefixed, so that the entire section
should read: "All laws of a general nature shall have a uniform operation
throughout the state."

Section 18 of the report was original with the committee. It was a
group of prohibitions upon the legislative power. By amendment in the
convention and in the committee on phraseology, all were discarded ex-
cept the denial of the power of the legislature to grant divorces. The con-
verse of the restriction was preserved: "All power to grant divorces is
vested in the district court, subject to regulation by law." C. B. Mc-
Clelland, a surviving member of the committee, states, in a letter to the
writer, that under the territorial government the legislature had granted
divorces. The committee thought it best to transfer this work to the
courts. The substance of the section finally adopted is almost imiversal in
other constitutions, but the phraseology is original.

The provisions found in section 19 were combined by the committee
from sections 17 and 18 of the Topeka article and sections 16 and 17 of
the Leavenworth article on legislative department. Mr. Wrigley proposed
to so amend the first part as to read: "The legislature shall prescribe the
time when its acts shall be in force and authorize the speedy publication
of the same." Mr. Stinson added: "And no law of a general nature shall
be in force until the same be published." Both amendments were ap-
proved. Under the territorial government, laws of which the people had
had no notice had frequently been in force. The purpose of the section
was to correct this difficulty.

The enacting clause for bills as reported was, verbatur, that of the New
York constitution, but was changed by amendment to its present form.

Section 21, conferring upon local tribunals the right to transact the
county business, is, word for word, section 17, article III, of the New York
constitution. It has another precedent in section 22, article IV, of the
Wisconsin constitution.

The constitution of Ohio has a provision protecting the members of the
legislature from arre-st, but section 9, article IV, of the Oregon constitution,
was adopted in its stead, on account of its additional provisions. The ex-
emption from arrest for treason was stricken out, the last clause was trans-
posed to the first part of the section, and fifteen days were substituted for
thirteen, the time before a session in which a member is exempt from civil
process. With these changes the section was adopted.

The committee had taken section 23, providing for a state printer, from
the Wisconsin constitution, but members of the convention thought such

Perdue: Sources of Constitution. 683

business should be left to the judgment of the legislature, and voted to
strike out the provision.

Mr. Thacher, always ready to improve the station of women, moved, as
a substitute: "The legislature, in providing for the formation and regula-
tion of common schools, shall make no distinction between the rights and
pri\ileges of males and females." In advocating this section, he stated that
"The committee had considered such a provision just and humane, and
that a similar provision was in the constitution of Kentucky." A diligent
search fails to reveal any such provision in any of the three constitutions
of Kentucky that could be called similar to the one introduced by Mr.
Thacher. This is only one of many imaginary precedents cited during the
convention.

Section 24, prescribing the mode of making. appropriations, is, word for
word, section 22, article II, of the Ohio constitution, except that the time
is changed to one year, to correspond with the annual sessions of the
legislature.

Section 25, specifjang the time and place for the regular meetings of the
legislature, is section 25, article IV, of the Topeka constitution, except that
the time appointed is one week later in January.

The provision for an enumeration of the inhabitants of the state even,'
ten years is common to the Topeka and Leavenworth constitutions, and to
nearly all state constitutions. The date for the first enumeration was fixed
in 1S65, so that the dates for taking the state and national census would
come alternately, gi^^ng the state the benefit of an enumeration every five
years.

Mr. Thacher stated that the section on impeachment was copied ver-
batim from the New York constitution. Some changes were made during
the debate which made the present section nearly identical with section 23.
article II, of the Ohio constitution. The further specifications, concerning
officers liable to impeachment and punishment allowed, is section 24, article
II, of the Ohio constitution.

It then appears that the pro^dsions of the entire article are about
equally divided between the constitutions of Ohio, New York, and Wis-
consin, with a few sections each from the Topeka and Leavenworth con-
stitutions.

Article III. — Judiciary. It is peculiarly difficult to discover the
sources of the provisions of the judicial department. The report was pre-
pared by a committee of ten lawyers, who used earlier constitutions as
guides in a general way, but drew upon their own ideas for details. The
phraseology of sections based upon precedent is so changed as to retain
little trace of the original. With the exception of the section fixing the sal-
ary' of judges, the report was adopted almost without debate; thus few
references were made to precedents followed by the committee. Samuel
A. Kingman stated, in a letter to the writer, that the committee on judi-
ciary had before it the constitution of Ohio, but did not feel compelled to
follow it. Judge Burris, another surviving member, stated to the writer
"that the committee did examine, discuss, criticize and to a certain extent
draw from the constitutions of Ohio, Indiana, Kentucky, Iowa, Massa-
chusetts, New York, Pennsylvania, and Michigan, besides several others,
but followed that of Ohio more closely than any other."

The first section, vesting the judicial power in a series of courts, is
modeled upon the first section of the Ohio constitution. These are two
points of difference. The court of common pleas is omitted, so that the

684 Appendix D.

courts remaiuing correspond with those of the territorial government, and
a pro\nsion for a seal is added.

Section 2, specifying the number of judges, the manner of their election,
and term of office, was a substitute proposed by Mr. Stinson. The number
and qualifications of judges, and the quorum, are the same as prescribed
by section 9 of the territorial article. The manner of election is that
found in the last part of section 2, article III, of the Ohio constitution.
The term of office is the same as that found in the constitutions of Cali-
fornia, Oregon, Iowa and Michigan.

Section 3, which defines the jurisdiction of the supreme court and ap-
points the place for holding its sessions, is section 2, article IV, of the
<])hio constitution, with slisht changes. The last clause is a part of sec-
rion 2, article V, of the Missouri constitution. The provision for a clerk
and reporter of the supreme court is section 15, article VI, of the Topeka
constitution, except that appointment by the judges is substituted for
election, as is provided in that article.

Sections 5, 6, and 7, which proxdde for the diAasion of the state into
judicial districts, direct the election of officers for the district court, and
prescribe their jurisdiction, are evidently all taken from section 9 of the
territorial act, the only difference being that judges and clerks are to be
elected, whereas they were appointed under territorial administration.

The organization of the probate court, prescribed in section 8, is a
combination of sections 7 and 8 of article IV of the Ohio constitution.

The pro\dsion for justice of the peace is based upon section 9 of the
Ohio article, though the number of justices is made definite and the term
of office is changed from three to two years.

Sections 10 and 11 are either original or so changed in their new com-
binations that they cannot be identified with their precedents.

Section 12, "All jucUcial officers shall hold their offices until their suc-
cessors have quaUfied," is not found as a separate section in any other
constitution, but is a part of section 30, article IV, of the Kentucky con-
stitution. It is found also in the last part of section 3, article V, of the
Iowa constitution.

Section 13, pro\dding compensation for the judges, is modeled upon
section 14, article V, of the Ohio constitution, with the addition of a
specified minimum salary of $2,000 a year. The jVIissouri constitution,
before it was amended in 1823, had prescribed that minimum salary for
the justices of the supreme court and judges of the circuit court. This
salary was considered extravagant and caused a debate, in which several
precedents were cited. Mr. Blunt stated that ex-Judge Williams, one
of the best judges of Iowa, had served for $1,000 a year. George H.
Lillie stated that $1,500 secured good judges in ]\Iissouri. Mr. McDowell,
in defense of the proposition of the committee, declared that in Ohio,
where the minimum was fixed at $1,500 for the judge of the court of
common pleas, petition after petition had been made for a change in the
constitution in that particular, that salary being considered too small.
Iowa had fixed the salary at $1,000 per year and could not get men of
sufficient ability to accept the office. Mr. Wrigley knew that in Indiana,
where judges received only $1,000 per year, it was difficult to get men
of ability to serve. But Thomas S. Wright also knew something about
Indiana and her judges. In one district. Judge McCarthy, one of the most
■ible judges — since elected to the senate of the United States — filled the
place for several years at a salary of $1,000, and he knew of plenty of
men of ability who would accept the office. John Stiarwalt opposed the
j)rovision because the proposed salary- was the largest found in any new

Peiidue: Sources of Constitutiox. 685

state constitution and more than half of the old ones. He cited a case in
Missouri where a judge, serving at a salary of $1,000, had been elected to
congress, and had returned after his term to the same bench and salary.
The minimum salary of $1,500 was finally adopted as a compromise.

Section 14, providing for changes in judicial districts, is evidently a
modification of section 15, article IV, of the Ohio constitution. The part
which prescribes that districts shall be formed from compact territory'
bounded by county lines is section 4, article VI, of the New York consti-
tution of 1846. The provision for the removal of judges for definite cause
by concurrent resolution of both houses is modeled upon section 17 of
article IV of the Ohio constitution. This method of procedure is common
to most states.

Section 16, which leaves jurisdiction at chambers to be prescribed b>'
law, finds precedent in section 18, article IV, of the Ohio constitution.

Section 17, fixing the style of all processes, is modeled upon section 20 of
the Ohio article IV.

The division of the state into temporary judicial districts at this place
in the constitution, finds precedent in the constitution of Illinois and
Michigan. The provision is made in the Ohio constitution, in section 11
of the article on apportionment. The administration of new counties,^ by
attaching them to the nearest judicial district, follows the precedent of
section 13, article XI, of the Ohio constitution.

Section 20, which authorized the legislature to make a law enabling the
district bar to choose a judge pro tern, in case of absence or disability of
the district judge, was proposed by Mr. Kingman. He stated in a letter
to the writer that "it was taken from the Kentucky constitution of 1850,
but that constitution not being before the committee, the section was not so
worded as to be identified." A diligent search, section for section, does not
reveal a provision at all like the one in question. Probably the precedent
in the minds of the members of the committee was a statute of Kentucky.

For the article on judiciary as a whole, the constitution of Ohio and the
territorial judicial system w^ere the precedents mostly followed, while
special provisions were taken from Michigan, Illinois, Missouri, New York,
Pennsylvania and Kentucky.

Article IV. — Elections. The first section of the report of the com-
mittee, "All elections by the people shall be by ballot, and all elections
by the legislature shall be by viva voce," is a copy of the first section of
the Topeka article on elections. It has precedent also in section 13, article
II, of the Indiana constitution of 1851.

The second section has no exact precedent in any other constitution.
It is as follows: "General elections shall be held annually on the Tuesday
succeeding the first Monday in November. Township elections shall be
held on the first Tuesday in April, until otherwise provided by law."
These provisions are a combination of customs in practice in New York,
Wisconsin, Michigan, Ohio and Illinois. Only a part of the section pro-
posed by the committee was adopted. In advocating the adoption of the
section in its present form, Mr. Winchell stated that in New York the
state elections occurred upon the day of the presidential election and the
township elections were held in Apnl. He considered it a saving of ex-
pense to the people for the state and general elections to be held on the
same day, and, as far as the township elections were concerned, it was
thought best to keep them separate. The plan had given perfect satisfac-

'NOTE. — The editor suggests a better reading for this clause -would be "the adminis-
tratinn of justice in new counties."

686 Appendix D.

tion in New York. Since the people of Kansas had been so worried with
frequent elections, such a combination of general and state elections would
be a great benefit. The article as a whole does not follow the precedent of
any one state, but follows general customs in the manner of voting and
the time for holding elections.

Article V. — Suffrage. Section 1, which specifies the qualifications of
persons to whom the right of suffrage is granted, is a combination of
section 2, article II, of the Topeka constitution, and section 1, article III,
of the Wisconsin constitution. The distinguishing words, "white male
person," the committee adopted from the Topeka constitution. The in-
dorsement of the policy of excluding negroes from suffrage by the Topeka
convention, and by 1731 votes at the polls, led the committee on suffrage
to insert the clause in their report. William Hutchinson made an un-
successful effort to strike out the word "white," and John P. Greer pro-
posed striking out the words "white male," but both motions were laid
on the table. A residence of six months in the state and thirty days in the
township is also preserved from the Topeka article. The further classi-
fication of citizens is a copy of the first two divisions of section 1, article
III, of the Wisconsin constitution. This classification also finds precedent
in article VII of the Minnesota constitution.

Section 2, which forbids the exercise of privileore of suffrage by idiots,
insane persons, and criminals, is an exact copy of section 2, article III,
of the Wisconsin constitution. November 5, 1S67, the present amended
form was adopted.

Section 3, declaring soldiers or seamen in the army or navy of the
United States to be non-residents, though temporarily stationed within
the state, is, word for word, section 3, article II, of the Indiana constitu-
tion. Other precedents are found in the constitution of Illinois, article
VI, section 6, and Wisconsin, article III, section 5.

No provision had been made in the report of the committee for the
registration of voters, so Mr. Burris introduced the provision, now sec-
tion 4, which is a copy of section 4, article II, of the New York constitution:
"The legislature shall pass such laws as may be necessary for ascertaining
by proper proofs the citizens who shall be entitled to the right of suffrage
hereby established." This section was introduced to give the legislature
power to stop the fraudulent voting which had caused so much trouble
during the earlier history of Kansas. Yet it met with determined opposi-
tion from a small faction in the convention. Upon a call for the yeas and
nays, the vote stood twenty-five in favor to thirteen against the provision.

Section 5, rendering duelists inehgible to hold any office of trust and
profit, is, word for word, section 7, article II, of the Indiana constitution.
Similar provisions are found in several other constitutions.

Section 6, which prohibits any person from holding an office secured
by means of bribery, is not exactly like any section of any other consti-
tution, though its provisions are common to almost all. It is most nearly
like section 6, article II, of the Indiana constitution. Mr. Arthur, a mem-
ber of the committee, was a native of that state, and probably caused the
adoi)tion of the section, with the present changes in wording.

For the provision protecting citizens from arrest while in attendance
at elections, and in going and returning therefrom, the committee returned
to section 3, article V, of the Ohio constitution, which they adopted word
for word. Such provision is found in the article on elections and fran-
chise in nearly all constitutions.

The article on suffrage is therefore a combination of provisions from

Perdue: Sources of Constitution. 687

the constitutions of Indiana, Wisconsin, Minnesota, Illinois, New York, and
Ohio.

Article VI. — Education. The constitution of Ohio having only two
short sections in its article on education, the committee had to look else-
where for its specifications for a public-school system. The provisions
found in the constitutions of Iowa, Wisconsin, Oregon, Michigan and Cali-
fornia most nearly represented the ideal in the minds of the members of
the committee. In order to harmonize the various provisions several
changes were made and new ideas inserted.

The office, manner of election and term of the state superintendent of
public instruction being provided for in the article on executive depart-
ment, the committee supplied for section 1 a further development of
section 1, article XIII of the Michigan constitution, and added a pro-
vision for a county superintendent. This is the first provision of this
character to be placed in any state constitution.

The first part of section 2, "The legislature shall encourage the pro-
motion of intellectual, moral, scientific and agricultural improvement," has
exact precedent in the first clause of section 3 of the article on school
funds and school lands in the Iowa constitution. The amplification of the
system of schools contained in the remainder is from section 7, article VII,
of the Leavenworth constitution, a slight change in phraseology being made
to combine the two parts.

Section 3, as reported by the committee, was word for word, section 3,
article IX, of the Iowa constitution. It establishes both the perpetual and
annual school funds, and defines the sources of each. The section has,
also, partial precedent in the constitutions of Wisconsin, Cahfornia and
Oregon. That part of section 4 which states that the income of the
fund shall be distributed "by order of the state superintendent to the
several county treasurers, and thence to the treasurers of the several
school districts," was original with the committee, all earlier constitutions
having left the manner of distribution to be prescribed by law. That part
of the section which specifies the proportion of the fund to be distributed
to each district, and denies a share to those districts in which s-^hool has
not been maintained for at least three months during the preceding year,
is modeled upon section 5, article X, of the Wisconsin constitution. A few
changes were made by the committee. The limit of the age of pupils to be
counted in making the apportionment was changed from the four years
and twenty years of the Wisconsin constitution, to five and twenty-one
years.

Section 5, which forbids the sale of school lands, unless authorized by a
vote of the people, and makes provision for a revaluation of such lands
every five years, must have been original, no such provision occurring in
any earlier constitution.

The section which applies all money received for exemption from mili-
tary duty and the proceeds of the fines imposed for breaches of the penal
law exclusively to the schools of the coimty where such money is collected
is exactly the first part of section 4, article IX, of the Iowa constitution.
In Heu of the last part of that section, the committee added to the above
list of resources "the clear proceeds of all estrays."

The first and last sentences of section 7 show that it is modeled from
section 6 of article X of the Wisconsin constitution. The section provides
for the establishment of a state university, and specifies the funds to be
used for that purpose. The division of the university into different parts
"for the promotion of literature, and the arts and sciences, including a

688 Appendix D.

normal and an agricultural department," is original, in wording at least.
This was the first section of the report of the committee on education that
aroused any opposition. jVIr. Greer wished the whole section stricken out;
he was opposed to state universities. "Institutions of learning ought to be
left to private enterprise." Several members thought one state institution
for educational purposes ought to be established, but that an agricultural
college would be more beneficial to the state. The original portion of the
section was made broad enough to permit the development of the institu-
tion which should prove the most important.

The precaution taken against the use of the pubUc school funds by any
religious sect, in section 8, is modeled upon section 5, article VII, of the
Leavenworth constitution. The word "university" was added to make the
prohibition cover both funds. Another precedent of the section, though
not stated in quite the same terms, is found in the last part of section 2,
article VI, of the Ohio constitution.

In section 9 the committee had made pro\'ision for the education of
negro children, as follows: "The children of African descent shall be en-
titled to an equitable proportion of the common-school fund of the state,
and the legislature shall make suitable provision for their education." The
introduction of this section caused an exciting debate. Mr. Slough intro-
duced as a substitute: "Mixed common schools or universities for children
of white blood and children of African descent shall not be permitted in
this state." Mr. Blunt succeeded in dismissing the race question by pro-
posing a provision for a state board of commissioners for the management
and investment of the common-school and university funds. It is section
7, article X, of the Wisconsin constitution, except that the state superin-
tendent of public instruction is substituted for the treasurer on the board.
The last sentence was changed slightly by the committee on phraseolog>'
and was then adopted in its present form.

The greater portion of the entire report on education was drawn about
equally from the Iowa and Wisconsin constitutions, while the constitutions
of Michigan, California, Oregon and Leavenv/orth contributed one sec-
tion each.

Article VII. — Public Institutions. The specifications for an establish-
ment of institutions for the care of the deaf and dumb, blind, and insane,
and for a penitentiar}^ are exactly those of sections 1, 2 and 3 of article
VII of the Ohio constitution. The committee rearranged the sections so
as to separate the provisions for the penitentiary from those for charitable
institutions. The manner of choosing the trustees, directors and other
officials remains the same. The fourth section, imposing upon each county
the care of its own poor and infirm, is modeled upon section 3, article
VIII, of the Topeka constitution. A strenuous effort was made by a cer-
tain class of members to insert a provision excluding persons of African
descent from the educational and charitable institutions of the state. A
debate ensued, in which both parties strayed far from the question at
issue. In opposing the proposed section, Mr. Burris said: "\\Tiat claim
has one class of men to the common benefits of the state above that of
each and all other classes. If any gentlemen can point out any precedent
that can be recognized in law or justice we will yield the point. We must
proceed upon the supposition that the blacks are to live in common with
the whites. I ask if it is desired to see that class' of citizens growing up
in entire ignorance? If they are to live in the state they should be made as
intelligent and moral as training in the schools and other state institutions
can make them." After several hours' debate the section was rejected. The

Perdue: Sources of Constitution. 689

committee therefore followed the Ohio precedent in the article, except in
the last section, which was drawn from the Topeka constitution.

Article VIII. — Militia. Section 1, specifying the citizens subject to
service in the mihtia, and exempting persons having conscientious scruples
agahist bearing arms, is, verbatim, section 1, article XVII, of the Michigan
constitution, except that twenty-one years is substituted for eighteen years
as the age at which militia service begins. Sections 2 and 3, which pro-
vide for the organization, equipment and discipline of the militia, and for
the appointment of officers, are exactly sections 2 and 3 of the Michigan
article on militia. Mr. Slough moved, as an additional section, the gov-
ernor shall have power to call forth the militia to execute the laws of the
state, to repress insurrection and repel invasion, and he shall be com-
mander-in-chief of the militia. Except the last clause, this section was a
copy of section 3, article VII, of the California constitution. The commit-
tee on phraseology changed the wording to its present form. The whole
article is therefore taken from the Michigan constitution except the last
section, which has precedent in California and Ohio.

Article IX. — County and Township Organizations. The first section
of the report of the committee did not please some members of the con-
vention. Four different substitutes were offered and four amendments were
made to the one adopted. The result was no more satisfactory than the
original. The substitutes and amendments were sent to the committee on
phraseology, to be molded into an acceptable provision. It was returned
in its present form — "The legislature shall provide for organizing new coun-
ties, locating county-seats, and changing county lines; but no county shall
be changed without the consent of a majority of the electors of the county,
nor any county organized, nor the lines of any county changed so as to
include an area of less than 432 square miles." The section is therefore
not identical with any one in any other constitution. Most of its provisions
are found in article VII of the Illinois constitution of 1848. The last part
of the sectiorr, Judge Burns says, is a part of section 2, article XI, of the
Iowa constitution.

Section 2, providing for county and township officers, is section 1, ar-
ticle X, of the Ohio constitution, with the omission of three words.

Sections 3 and 4, pro\'iding for the election and term of service of
county and township officers, were changed to correspond with the date
for elections and other provisions of the article on elections.

The method of removing officers is modeled upon section 6, article IX,
of the Ohio constitution.

Of the five sections in the article, two have precedent in the Ohio con-
stitution, two were necessarily original in form, and one was composed
of different provisions from the Illinois and Iowa constitutions.

Article X. — Apportionment. In the debate upon the first section,
Mr. Graham, a member of the committee, stated that the precedent fol-
lowed was the Pennsylvania constitution. The first part of the section,
"Each organized county shall have at least one representative," is a part of
section 4, article 1, of the Pennsylvania constitution. The remainder of
the section differs in wording, but carried out the purpose of the Pennsyl-
vania provision. Mr. Thacher stated that this method of apportionment
was in practice in New York. A large number in the convention argued
that it was not fair to the most populous counties to give to each organized
coimty at least one representative. The majority argued that to join a
county of small population to another, which really elected the repre-

44 — 778

690 Appendix D.

sentative, would disfranchise the smaller county and would work a greater
injury than was possible to the citizens of the most populous county.
The population of the new counties was rapidly increasing, and they would
soon be entitled to representation based strictly upon numbers.

Section 2, providing for apportionment according to census, though
following, in part, section 18, article II, of the Pennsylvania constitution,
is for several reasons almost entirely original. First, the territorial legis-
lature had ordered a census to be taken, so the first apportionment was
to be based upon its report ; second, the population was growing so rapidly
that the committee thought best to apportion the state every five years,
instead of waiting ten years, as is provided in most constitutions. By fix-
ing the first reapportionment in 1866 it could be based upon the census
provided for in 1865 by the legislative article. In five more years it
could be based upon the United States decennial census, as was provided
in section 18, article II, of the New York constitution.

Section 3 merely makes temporary apportionment, as is done in the
constitutions of New York, Wisconsin, and Illinois. The same was done
also by the Topeka constitution.

From the nature of the subject-matter the wording of the article on
apportionment is very nearly original, though the precedents of Permsyl-
vania, New York, Wisconsin and Illinois were followed in theory.

Article XI. — Finance and Taxation. The report of this committee
followed very closely the approved precedent, the first section only of the
Ohio article on finance and taxation being rejected in the report.

For section 1 the committee presented a section, the substance of which
was contained in section 2, article XII, of the Ohio constitution, but the
phraseology, not pleasing the majority, was changed to the present form.

Section 2, which levied a tax upon all property of banking institutions,
proportional to that borne by individuals, is, verbatim, section 3 of the
Ohio article on finance and taxation.

The provision for an annual appropriation by the legislature for state
expenses had exact precedent in section 4, article XII, of the Ohio con-
stitution. The section was amended November 2, 1875.

The precaution taken in section 4, that no tax should be levied except
in pursuance of a law, which shall distinctly state the object of the same,
is a copy of section 5, article XII, of the Ohio constitution.

Section 5, which enables the legislature to create a limited public debt,
the committee had copied entire from the Wisconcin constitution, article
VIII, section 6. Three small changes were made. The words "public
improvement" were inserted. The amount of debt which could be con-
tracted was changed from $100,000 to $1,000,000, and the debt was made
payable when due, instead of in years, as in the precedent.

Section 6 provides that the state may contract public debt, in addition
to the limit mentioned above, if the proposition is sanctioned by the ma-
jority of all votes cast at a general election. The idea has precedent
in section 5, article VIII, of the Iowa constitution, though several of the
l)rovisions included in that section are not appropriated.

Section 7, which enables the state to borrow money to repel invasion,
suppress insurrection, and to provide for defense in time of war, is verbatim,
section 7, article VIII, of the Wisconsin constitution. Mr. Hoffman wished
to make it possible for the state to take charge of works of public improve-
ment, if the necessary funds should be donated by the United States. He
therefore proposed, in addition to the report of the committee, a section
identical with section 10, article X, of the Wisconsin constitution. As
several members thought that the section might be misinterpreted, and

Perdue: Sources of Constitution. 691

made the means of creating an unlimited public debt, amendment after
amendment was adopted, until the original purpose of the section was
defeated by the adoption of the remnant that was left — "the state shall
never be a party in carrying on any works of internal improvement."

In preparing the entire article, the constitutions of Ohio and Wisconsin
were the models followed. Iowa and Indiana were frequently referred to as
further precedent.

Article XII. — Corporations. During the debate upon the report of
the committee on corporations, Mr. Slough proposed as a substitute for
section 1 a provision which he said was a combination of sections 1 and
2 of the articles on corporations in the Ohio constitution. The section was
adopted as follows: "The legislature shall pass no special act conferring
corporate powers. Corporations may be created under general laws, but
all such laws may be annulled or repealed."

Section 2, providing means of security to creditors of corporations, is
modeled upon section 3, article XIII, of the Ohio constitution, and a clause
is added exempting railroads, and corporations for reUgious and chari-
table purposes, from the liabilities enumerated in the section. This addition
was made by the committee with the purpose of encouraging capitalists
to build roads in Kansas, and to promote religion and morality.

Section 3, which vests the title to property belonging to corporations for
religious purposes in a board of trustees, had its precedent in section 4,
article IV, of the Leavenworth constitution.

Section 4, which guarantees compensation to property-owners before a
right of way shall be granted to any corporation, is, word for word, sec-
tion 5 of the Ohio article on corporations.

The provision for the organization of cities, towns, and villages, and the
restriction placed upon their own taxing power, follows the precedent of
section 6, article XIII, of the Ohio constitution, with two small changes.
Mr. Slough said that the practical operation of the provision in the Ohio
constitution had been to limit, in cities and towns, the amount of tax
that might be levied for municipal purposes. It had prevented the abuse
of the taxing power, and was one of the wisest and best provisions that
could be inserted in the constitution.

The definition of the term "corporations," as used in the article, is
found in the constitution of Michigan, New York, Minnesota, and several
other states.

In conclusion, it is evident that four of the six sections of the article
find precedent in the Ohio constitution; one of the two remaining sections
is from the Leavenworth constitution; while the other has precedent in the
constitutions of several [other] states.

Article XIII. — Banking and Currency. The Ohio constitution fur-
nished no precedent for the committee on banking and currency to follow
in their deliberations. After the Jackson-Van Buren financial panic, the
constitutional conventions of new states made limited provisions in con-
nection ^vith some other subject, and left the specific control of such in-
stitutions to the legislature. No state before Kansas considered banks and
currency of such vital importance as to require a separate article. The
Topeka convention profited by the successes and failures of the provisions
of other states in forming the article on this subject. The Leavenworth
committee improved upon the Topeka report, but changed few essential
points. The committee of the Wyandotte convention followed this article
very closely in preparing its report. Only sections 2, 3 and 7 are not
found in the Leavenworth constitution.

692 Appe>;dix D.

Section 2, providing that all banks shall deposit, as collateral security
for their notes, interest-bearing bonds of the several states equal to the
amount of notes issued and a further deposit of ten per cent, in cash, has
partial precedent in section 8, article VIII, of the Iowa constitution, and in
section 3, article XI, of the Indiana constitution, and in several others,
but the phraseology was original with Mr. Winchell. The section was
further amended by motion of Mr. Slough and Mr. Hutchinson.

Section 3, requiring an additional deposit in case of depreciation in the
value of the bank stocks, has precedent in the second part of section 13,
article IX, of the Miimesota constitution, and in the last part of section
8, article VIII, of the Iowa constitution, but the section proposed by the
committee provides better security to creditors, and must have been partly
original.

Section 6, which was exactly section 7 of the Leavenworth article on
banking and currency, was amended by Mr. Slough's proposing that the
"location of the bank be named upon the circulating notes issued by such
banks."

Section 7, "No banking institution shall issue bills of less denomination
than five dollars," was an addition to the report of the committee, pro-
posed by Mr. Slough. It was modeled upon the last part of section 2 of
the Topeka article. The minimum amount was changed by amendment
from ten to five dollars.

Section 9 was originally section 8, article XVII, of the Leavenworth con-
stitution, but was reduced by amendment to its present form, "Any bank-
ing law may be amended or repealed."

In conclusion, it is evident that the precedent for the article on bank-
ing and currency is article XVII of the Leavenworth constitution. A few
suggestions are adopted from the constitutions of Iowa and Indiana and
combined with some original ideas to form the completed article.

Article XIV. — Amendments. The two sections of the article are
modeled upon article XVI of the Ohio constitution. Only two important
changes were made. A vote of two-thirds was substituted for the three-
fifths required by that constitution for recording in the journal an amend-
ment proposed for submission to the people. Three months was substi-
tuted for the six months required by the Ohio constitution for the publica-
tion of an amendment before its submission, and a few changes are made
in the phraseology, which do not change the meaning of the provisions.
The report of the committee contained a third section, providing for the
protection of a family homestead. It was rejected at this time, but re-
appeared in section 9 of article XV.

Article XV. — M.iscellaneoiis. Sections 1 and 2, which confer on the
legislature the power to provide for the election or appointment of other
necessary officers, and to prescribe their term of office, are sections 6 and
7, respectively, of the California constitution.

Section 3, "Lotteries and the sale of lottery tickets are forever pro-
hibited," was, verbatim, section 6, article XV, of the Ohio constitution,
when reported by the committee, but was changed to its present form by
amendment. The provision is also found in the Topeka constitution,
article XV, section 2, and in several other [state] constitutions.

Sections 4 and 5, providing for a state printer, and taking precaution
to guard the use of public money by publication of accounts, are sections
2 and 3, respectively, of article XV of the Ohio constitution. A slight
amendment was made in the phraseology of section 4. Mr. Slough said in

Perdue: Sources of Constitution. 693

debate that the provision worked well in Ohio. The present amended form
was adopted November 3, 1865.

Section 6, when reported by the committee, was, word for word, section
6, article XVI, of the Leavenworth constitution, as follows: "The general
assembly shall provide by law for the protection of the rights of women,
married and single, in the acquisition and possession of property, real,
personal, mixed, separate and apart from the husband, or other person, and
shall also provide for the equal rights of women in the protection with
the husband of the children durmg their minority; also, shall provide for
the security of a homestead, which, without the consent of the wife, she
cannot be deprvied of." The section was adopted as quoted, but was re-
considered to its present form upon the addition of section 9, which was
not a part of the original report.

The purpose of the section which confers power upon the legislature to
reduce the salaries of officers who neglect the performance of any legal duty
is the same as that of section 13, article VIII, of the Kentucky constitution.
This is the section v/hich suggested the idea, though the wording of the
.section adopted is quite different.

Ex. Gov. John A. Martin, in his address at the reunion of members of
the Wyandotte convention, stated that the homestead provision is one of
the few original sections of the constitution. The idea, however, had ample
precedent in both the Michigan and California constitutions. The sub-
ject was discussed several times during the convention, different provisions
being proposed, one of them being, word for word, section 7, article XVI,
of the Leavenworth constitution. The section finally proposed by Mr.
Winchell was the Leavenworth provision, with the addition of amend-
ments proposed during the debate.

The Schedule. Though not technically a part of the constitution, the
schedule is a valuable adjunct to such a document.

The first eight sections follow closely the precedent of the Indiana
schedule of 1816.

Sections from S to 20, making all necessary provision for submitting the
constitution to popular vote, are very near exact transcripts from "An act
of the territorial legislature pro\iding for the formation of a constitution
and state government for the state of Kansas."

The remainder of the schedule follows in part the provisional act of the
legislature, but was largely original, since the members of the convention
decided to create a board of canvassers who should canvass the votes cast,
issue certificates of election, make the proclamation, and pro^'ide for the
transmission of authenticated copies of the constitution to the president of
the United States, president of the senate, and the speaker of the house of
representatives. By the provisional act of the legislature these important
duties had been left to the governor.

After the report of the committee was completed, section 25, providing
for the separate submission of the homestead section to a vote of the
people, was added. This section had been prepared by the committee on
phraseology and added to the schedule as the most appropriate place for
such a provision.

The schedule to the Indiana constitution of 1816 and the territorial act
providing for the formation of a constitution and state government for the
state of Kansas are the precedents followed in forming the schedule.

Resolutions. A precedent for a memorial in the form of a series of
resolutions was foimd in the Wisconsin constitution of 1848. Members of
the convention had several different measures which they had been unable

694 Appendix D.

to incorporate in the ordinance, but yet wished to present to congress in
connection with the constitution. A series of seven resolutions were
adopted. Five of them asked for grants of land, the proceeds of which
was to be used for internal improvement, construction of railroads, develop-
ment of the Kansas river, support of public schools, and payment of
claims awarded by the claims commission. The seventh resolution asked
congress to assume the debt of the territory. The first and tliird resolu-
tions had been a part of the report of the committee on ordinance, and the
fifth had precedent in the seventh resolution of the Wisconsin constitution.
The precedent followed in adopting the series of resolutions [is] in the
Wisconsin constitution.

Upon the last day of the cpnvention. Judge Burris had the honor of
adding the finishing touch to the constitution by proposing the attesting
clause, "Done in convention at Wyandotte, this 29th day of July, a. d.
1859." Even this clause followed in form the model of the Ohio and Iowa
constitutions.

In conclusion, it is evident that the Ohio constitution of 1851, adopted
as a common basis for action, was closely adhered to in all cases where its
provisions were adapted to conditions in Kansas. The Ohio constitution
of 1851, being entirely without ordinance and memorial, and deficient in
its provisions for an educational system, for the establishment and control
of banks and currency, and for the organization and discipline of the
militia, the constitutions of Indiana, Wisconsin, Michigan and Iowa were
largely drawn upon to make up the deficiency. In other instances where
the constitution of Ohio did not apply to conditions in Kansas, or could be
improved upon, provisions were adopted from the constitutions of Indiana,
Wisconsin, Michigan, Iowa, New York, Massachusetts, Illinois, Missouri.
Kentuckj^ California, Maine, Minnesota, Vermont, Pennsylvania, Oregon;
from earlier constitutions, and [the] territorial government of Kansas. A
careful comparison shows that nearly every section of the Wyandotte con-
stitution was either copied from or based upon some section to be dis-
covered in some preceding constitution. The provisions not drawn from
or based ujion the constitution of some other state are: First, the pro-
vision for the equal education for the sexes, and for the election by the bar
of a judge pro tern, of the district court, which were supposed to be based
ui)on sections in the Kentucky constitution, but were really legislative en-
actments; second, the provision that all bills should originate in the house
of representatives, which is an extension of the theory in practice concern-
ing revenue bills; and third, the provision in the educational system for a
county superintendent of ]iublic instruction, and an outline of the method
of distributing the public-school fund to the districts, and of a revaluation
and sale of school lands, all of which were legislative enactments of neigh-
boring states. Five of the six provisions in advance of any other state
constitution had been thoroughly tested as laws of other states before their
adoption by Kansas. The provision that all bills should originate in the
house of representatives, the only real experiment in the constitution, was
repealed November 8, 1864.

Authorities. Journal of Wyandotte Convention ; Poore's Charters and
Constitutions of the United States; American's Guide to State Constitu-
tions; Jameson, Constitutional Convention; Constitutional History of the
American People, 1776-1850, J. N. Thorpe; Reports of Committees, First
Session Thirty-fifth Congress; Senate Documents, First and Second Ses-
sions of the Thirty-fourth Congress; The Public Domain, by Donaldson;
Annals of Kansas, Daniel W. Wilder; American Statute Law, Stinson;

Perdue: Sources of Constitution. 695

General Laws of Kansas, 1859; History of Kansas, L. W. Spring; History
of Kansas, J. N. Holloway; address by John A. Martin, delivered at the
reunion of members and officers of the Wyandotte constitutional conven-
tion; address of Hon. Timothy Dwight Thacher, delivered at Topeka,
January 16, 1883, before the Kansas State Historical Society; address of
Hon. Benjamin F. Simpson, upon the Wyandotte constitution; personal
letters to the author from Hon. ,7ohn J. Ingalls, Judge Samuel A. Kingman,
Judge John T. Burris, and C. B. McClelland, who were members of the
Wvandotte convention.

RESUME OF MISS PERDUE'S PAPER, BY THE EDITOR.

In this resume the names of the states are arranged after every article
in the order of importance of matter taken, the most liberal appearing
first. They are: Ohio (1851), Michigan (1850), Iowa (1859), Wisconsin
(1848), Illinois (1848), Indiana (1851), Minnesota (1857), New York
(1846), Pennsylvania (1838), Kentucky (1850), Kansas Territory former
attempts: Topeka (1855), Lecompton (1857), Leavenworth (1858), Eng-
lish Bill (congressional act of 1858), known as Lecompton, Jr.

A. Sources by Articles:

(Ordinance: Lecompton, English Bill, California.)
Preamble: Minnesota, Wisconsin, Iowa.
Bill of Rights: Ohio.

Art. 1 — Executive: Ohio (almost entirely), Iowa, New York.
Art. 2 — Legislative : About equally amongst Ohio, New York, and Wis-
consin; Topeka, Leavenworth.
Art. 3 — Judicial: Ohio, Kansas Territory, Michigan, Illinois, Missouri,

New York, Pennsylvania, Kentucky.
Art. If. — Elections: Topeka, New York, Wisconsin, Michigan, lUinois,

Indiana, Ohio.
Art. 5 — Suffrage: Topeka, Wisconsin, Minnesota, Indiana, New York,

Ohio, Illinois.
Art. 6 — Education: Iowa, Wisconsin, Michigan, California, Oregon,

Leavenworth, Ohio.
Art. 7 — Public Institutions: Ohio, Topeka.

Art. 8 — Militia: Michigan (except last section), Cahfornia, Ohio.
Art. 9 — County and Toivnship: Two sections from Ohio, two sections

original, Illinois, Iowa.
Art. 10 — Apportionme7it : Pennsylvania, New York, Wisconsin, Illinois.

Phrasing is original.
Art. 11 — Finance and Taxation: Ohio, Wisconsin, Iowa, Indiana.
Art. 12 — Corporations: Ohio, Leavenworth, Michigan, New York,

Minnesota.
Art. 13 — Banking and Currency: Leavenworth, Iowa, Indiana, with

original ideas.
Art. 14 — Amendments: Ohio.

Art. 15 — Miscellaneous: California (sees. 1 and 2); Ohio, Topeka
(sec. 3) ; Ohio (sees. 4 and 5) ; Leavenworth (sec. 6) ; Ken-
tucky (sec. 7) ; original (sec. 8) ; Leavenworth (sec. 9,
Homestead) .
(Schedule: Indiana (1816), Kansas Constitutional Act (pages 7-11).)
(Resolutions: Wisconsin resolutions.)
Attesting Clause: Ohio and Iowa.

f)t)(3 Appendix D.

B. Sources in General:
1. Constitutions:

Basic Constitution: Ohio (pages 39-40).

Departures from base upon subjects: Memorial, Educational sys-
tem, banking and currency, and militia: Lecompton, English
Bill, California, Minnesota, Wisconsin, Iowa, Oregon, Leaven-
worth, Indiana, Michigan, Iowa.
Conditions of Ohio and Kansas inapplicable: Recourse was had to
Indiana, Wisconsin, Michigan, Iowa, New York, Massachusetts,
lUinois, Missouri, Kentucky, California, Maine, Massachusetts,
Vermont, Pennsylvania, Oregon, Topeka, Lecompton, Leaven-
worth, Kansas Territory Government Act.
S. From Statutes: Kentucky and neighboring states to Kansas.
S. Original: Only real experiment, confining origin of bills to House
of Representatives (sec. 12, art. 2).

APPENDIX D-2.

SOURCES OF THE CONSTITUTION.

(Excerpt from an article by Robert Stone of Topeka, published in Connelley's "Kan-
sas and Kansans," Vol. 2, pages 948 to 952, »nd republished here by the courtesy of
Messrs. Connelley and Stone.)

When the convention convened one of the first questions which arose
was whether or not to use the constitution of some other state or some
former draft of the Kansas constitution as a model from which to draw the
new document. On the first ballot Ohio received 13 votes; Indiana 12;
Kentucky 6; the Leavenworth Constitution 5; the Topeka Constitution 3;
Pennsylvania 2; Iowa 2; Wisconsin 2; Massachusetts, Michigan, Maine,
Minnesota and Oregon 1 each. On the second ballot Ohio received 25, In-
diana 23, and Kentucky 1. The constitution of Ohio, having received the
majority, was declared to be the proposed basis for the new document.

The greatest speech of the convention was made by Thacher in opposi-
tion to a proposal to exclude free negroes from the state. This speech
forever settled the question of absolute freedom of Kansas soil, although
the vote upon the proposition when taken stood twenty-one ayes and
twenty-sLx nays.

To us of this day it seems strange that any argument was necessary to
defeat the proposition. But the sentiment in favor of it was so strong in
the convention that several of the members predicted that the constitution
would be defeated unless the provision excluding the free negro from the
.^tate should be included in it. Their apprehension proved to be without
foundation.

A very interesting discussion arose over the northern boundary of Kan-
sas. Delegates came from Southern Nebraska and petitioned the conven-
tion to fix the northern boundary of the state at the Platte River. They
argued with great earnestness that the present boundary was an artificial
one, while the river was a natural boundary because it could not be forded
because of quicksand, could not be bridged because no bottom could be
found for the piers, and could not be ferried because there was not enough
water to float a boat. That at times it was a raging torrent and at other
times a stretch of sand. They offered to give to Kansas a rich area of
territory and. the democratic members of the convention were unanimously
in favor of the tender. But the republicans "feared the Greeks bearing
gifts," they suspected the inhabitants of that land were democrats and
might either defeat the constitution altogether, or elect democratic United
States senators, from the new state, so the boundary line was fixed at the
40th parallel.

Two of the older states. New York for the North and Virginia for the
South, have furnished the models for most of the constitutions of the sev-
eral states. The Ohio constitution was in the main founded upon that of
New York. All sub-committees of the convention were instructed to use
the Ohio constitution as a model for their particular articles and in the
main they followed those instructions, but throughout the proceedings we
find frequent allusion to the constitutions of the different states and also to
the Topeka and the Leavenworth constitutions, showing that while the
Ohio constitution was used as the model in the main it was not strictly
followed. The constitutions from which provisions were taken other than
the Ohio constitution were principally Michigan, Kentucky, Indiana, Iowa,

(697)

698 Appendix D-2.

Wisconsin, Illinois, Pennsylvania, and the Topeka and Leavenworth and
even the Lecompton constitutions. The ordinance was taken largely from
the Lecompton constitution. The executive and legislative articles followed
largely the Ohio precedent, but the qualifications of the members of the
legislature is taken from the Wisconsin constitution, with a number of the
sections adopted from the Topeka and Leavenworth constitutions. One
provision improving the status of women which pro\-ides "the legislature in
providing for the formation and regulation of common schools shall make
no distinction between the rights and privileges of males and females,"
was taken from the constitution of Kentucky.^ The article on elections and
suffrage followed largely the Topeka constitution. The article on educa-
tion was a merger of provisions found in Iowa, Oregon, Michigan, Wiscon-
sin and California. The article on banking and currency was made up
from the Topeka and Leavenworth constitutions. Nearly every section
can be traced to some provision of some preceding constitution, except
perhaps the provision that all bills should originate in the House of Repre-
sentatives, and this provision was repealed in November, 1864.

This, however, does not mean that the instrument was not progressive
in its character. On the contrary most of the constitutions from which its
provisions were taken had been recently adopted by the respective states
and from them were gleaned the best and most progressive pro\dsions.
The sagacity of the Wyandotte Convention consisted in its selection of
these provisions and the amalgamation of them into a consistent and har-
monious instrument. Most of the progressive ideas of the decade were in-
corporated in the instrument. Slavery was prohibited. Free negroes were
not excluded. Wild cat banking paper was proscribed. Ample provision
was made for common schools and higher education. The rights of women
were recognized and advanced and the homestead was guarded against
covetous creditors. It is true that some progressive measures were sug-
gested to the convention which were not adopted. John Ritchie offered
the following: "That the state of Kansas shall confer power on the legis-
lature to prohibit the introduction, manufacture or sale of spirituous liquor
in the state." The provision was not adopted. But twenty-one years
later, in November, 1880, the prohibition amendment was passed.

Mr. Ritchie moved to strike the word "white" from the article estab-
lishing the state militia. Only six voted in favor of the motion, but the
section was so amended in 1888. Mr. Hutchinson presented a petition of
252 inhabitants of Douglas and Shawnee counties asking that the right of
suffrage be extended to women. The petition was not granted, but in 1914
that right was extended to women.

There are two provisions in the Wyandotte Constitution which make it
a mile-post in legislation. One is the extension of married women's rights
and the other the homestead exemption. These provisions are linked to-
gether and touch the social life of the state through the family. The two
sections are as follows:

"Section 6. The Legislature shall provide for the protection of the
rights of women, in acquiring and possessing property, real, personal and
mixed, separate and apart from the husband; and shall also provide for
their equal rights in the possession of their children."

"Section 9. A Homestead to the extent of one hundred and sixty acres
of farming land, or of one acre within the limits of an incorporated town
or city, occupied as a residence by the family of the owner, together with
all the improvements on the same, shall be exempted from forced sale under

'Note. — Miss Purdue disagrees. She says that it was taken from the Kentucky
.statute. She is ri^ht in saying it is not in the Kentucky constitution.

Stone: Soirces of Constitution. 699

any process of law, and shall not be alienated without the joint consent
of husband and wife when that relation exists; but no property shall be
exempt from sale for taxes, or for the pajTnent of obligations contracted
for the purchase of said premises, or for the erection of improvements
thereon. Provided, The provisions of this section shall not apply to any
process of law obtained by virtue of a lien given by the consent of both
husband and wife."

From early history woman has been little better than a chattel and even
under the common law of England a woman upon her marriage sur-
rendered all her right to hold personal or real property to her husband.
Not only her individuality became merged in her husband, but he enjoyed
the right of possession and disposition of her property. Her goods became
liable to seizure and appropriation by his creditors. Through the profligacy
or ill-management of the husband a woman who was well-to-do in her own
right before her marriage might be reduced to poverty after her marriage.
Except as modified or repealed by the constitution or statutes the common
law of England applied to most of the states, including Kansas. The men
of the Wyandotte convention determined that no such injustice would be
fastened upon the women of Kansas, and by the section first above quoted
they restored for all time to their women the management and control
of their own property so far as law can give it to them. By the second
provision they fixed for her and her children a homestead which could not
be \iolated or torn from her and them by the malice, ill-management or
misfortune of the husband, except by the joint consent of the wife.

Homestead laws are an American institution, unknown in other lands.
The first statutory provision exempting the home from execution was en-
acted by the Republic of Texas in 1839, and the first homestead exemption
placed in a constitution was in that of Texas in 1845. The second was the
constitutional provision adopted by Vermont in 1849. In 1859, when the
Wyandotte convention assembled, it was a scarcely recognized political
doctrine. The leading advocate for a constitutional homestead exemption
was Samuel A. Kingman. Without his great earnestness and logical
argument it never would have been adopted by the convention, because
other men strong in debate, such as Thacher, Ingalls and Stinson, opposed
it, claiming that the homestead exemption would enable men to avoid their
just debts and would injure the credit of the state. One of the opponents
said: "I would rather abolish all laws for the collection of debts than that
the section should pass in its present shape," and that he would prefer a
$2,000 exemption rather than a homestead exemption. It was left for
Houston, Griffith and Kingman to point out the distinction between a
homestead and an exemption law, Kingman saying:

"The object of a homestead law is very unlike that of an exemption
law. And I think the amendment proposed is calculated to defeat the
homestead principle. I think that is its object. It is within the recollec-
tion of many when it was the settled policy of many of the States, that
the land should not be subject to sale for the payment of debts. But the
commercial interests of the country by their power and skill produced a
change which has subjected the farms and homes of the people to be sold
under execution, and so nearly converted our people into a class of nomads.
I want, if possible, to restore the old policy — to change back again — so that
every man or woman, if he plants a tree or she cultivates a rose — that both
may beautify and adorn their homes as they may choose, and have the
benefit of the protection of the law. But if we put it in the power of
the husband or the fortunes of trade to convey by lien or mortgage, the
grasping creditor will take away the homestead. I want to separate this
subject from anything like the consideration of an exemption law. I

700 Appendix D-2.

approach this as a great measure which rises above all considerations of
the rights of debtor and creditor. I abhor an exemption law. This is not
of the same nature. This is to go forth, the promulgation of a great prin-
ciple, that shall encourage the cultivation of the soil. The case was well
illustrated by the gentleman from Riley (Mr. Houston) ; and though it
would be impossible for me to emulate the flights of his fancy and the
boldness and strength of his doctri^ie, I am not therefore restricted as to
ray full share of feeling and anxiety for the success of this most important
measure."

That was a novel doctrine then, but since that time every state in the
Union, except, we believe, Delaware, Indiana, Maryland, Pennsylvania and
Rhode Island, has, by constitutional or statutory provision, recognized its
.soundness. It fosters the family as the primal factor of society and thiis
promotes general welfare. To protect the home is to preserve the family
from disintegration. To dignify the wife is to develop citizenry. If the
homes are permanent in character the conomunity will build schools,
churches, libraries. The spirit of free citizenship and patriotism will thrive,
and the state will be healthy and prosperous. The Kansas courts have
given liberal construction to the constitutional provision. Early in the
history of the state, while Kingman was chief justice, the court declared
that the wife's interest in a homestead under this provision was not an
inchoate and expectant thing, a mere veto upon the right of the husband
to alienate the estate, but that it was a real existing estate under which the
occupation and enjoyment thereof is secure to her against any act of her
husband or creditors without her consent. If her husband abandon her
the use of the homestead remains to her and the family. It is not like
(lower depending on uncertain events, but fixed and certain without need
of any statutory enactment. In later years the same court has declared
that the right belongs to the wife alone, independent of any children. The
great bereavement of her husband's death would not admit the gaunt grey
wolf of debt to ravage the home and turn into mockery the constitutional
provision prepared against the days of her adversity. On the contrary,
she continues in the enjoyment of precisely the same right of immunity
from the loss of her hearthstone by suit of her husband's creditors as
before his death. And so the widow is protected as well as the wife.
But the court has gone farther still and now holds that while the right
of exemption cannot originate without the existence of a family consisting
of more than one person, when the homestead character has once attached
;md the head of the family remains in continuous occupation of the prop-
erty, though all others may die or forsake him, it is still occupied as a
residence by a constituent part of the family and he may hold it sacred
from invasion for his sole use and occupation.

By these provisions the wife and mother becomes a proprietor in her
own right, part owner of her home and queen of her domain. The hus-
band and father has a castle safe from invasion where he may retreat
in time of storm or adversity. Failure cannot affect it, disaster cannot
destroy it. Friends may desert him, but his enemies cannot reach him.
He and his family are secure. For the present and for the future the
permanency of the home is established. His place in the community is
fixed and his interests in the state are anchored and strengthened.

No marlile column or granite shaft could be so fine a tribute to the
memory of the men of the Wyandotte convention as the married women
.md the homestead exemption provisions of the constitution. These two
(tlauses make every happy family and peaceful home in Kansas a monu-
ment to their memory. Succeeding generations of Kansans will hold them
in grateful A'eneration.

APPENDIX E.

THE REJECTED CONSTITUTIONS.

(An address delivered by Hon. T. Dwight Thacher at the Quarter-Centennial Cele-
bration of the admission of the State of Kansas into the Union, held at Topeka, January
29, 1886. The address was published by the Kansas Historical Society in Vol. 3 of the
Kansas Historical Collections at pages 436 to 448. By the permission of the Society, it is
reproduced here as a fitting fore-word to the history of the development of our Constitu-
tion.)

The constitutions of Kansas were an outgrowth of the struggle between
Freedom and Slavery for the control of the inchoate commonwealth.
Their genesis was altogether political; they were citadels around which
the storm of battle surged, and were occupied or abandoned, as the vary-
ing fortunes of the great contest demanded. No study of these constitu-
tions, or indeed of the history of Kansas generally, can be successful, or do
the shghtest justice to the subject, which does not recognize in the be-
ginning, and at every step of the discussion, the great controlling fact that
the master motive of the whole business was the determination on the one
side to make Kansas a slave state, and on the other a free state. Any
other view degrades the subject, and in effect falsifies its history.

The overthrow of popular sovereignty in the Territory by the Missouri
invasion of March 30, 1855, left to the people two courses to take: either
to condone the immeasurable outrage by acquiescing in the result and con-
ceding the vahdity of the bogus Territorial Legislature, or to indignantly
repudiate the whole thing. Fortunately the people chose the latter course.
It would have been a sorry day for Republican institutions could any
considerable number of the American people have been found ready to
yield their local sovereignty to insolent invasion and overmastering force
without protest and resistance, and the most efficient measures to regain
their lost rights. To have conceded the validity of the Missouri-elected
Legislature would have been to confirm the robber in the possession of
his booty, and to admit that the pirate was the rightful owner of the ship
he had captured. Acquiescence would have been surrender in advance, the
giving up a campaign because the enemy had captured an outpost. This
feehng found expression in the following extracts from a series of resolu-
tions adopted by the first Free-State convention at Big Springs, and
written by Governor Reeder:

"Resolved, That the body of men who for the past two months have
been making laws for the people of our Territory, moved, counseled and
dictated to by the demagogues of Missouri, are to us a foreign body,
representing only the lawless invaders who elected them, and not the
people of the Territory; . . . that we owe no allegiance or obedience
to the tyrannical enactments of this spurious Legislature; . . . that
we will resist them primarily by every peaceable and legal means in our
power, and will resist them to a bloody issue as soon as we ascertain that
peaceable remedies shall fail and forcible resistance shall furnish anj'
reasonable prospect of success."

But there were grave practical difficulties in the way of carrying out
the policy of repudiating the bogus legislature. Infamous as was its
origin, it was still recognized as valid by the government at Washington.
It was de facto exercising the powers and functions of a legislature. The
necessities of a civil government of some sort were imminent and increas-

(701)

702 Appendix E.

ing daily, and unless some more positive policy than that of mere nega-
tion were adopted, there was great danger that the people would finally
succumb from the very inertia of the situation, and accept the Pro-Slavery
government on the theory that any government is better than none. The
leaders of the Free-State people saw this danger, and at once inaugurated
the movement for a Constitutional convention. Undoubtedly this scheme
originated in the fertile and sagacious brain of Charles Robinson, who at
that time was by common consent the chief leader of the Free-State party.
He had but recently returned from California, where an independent con-
stitutional movement, without the sanction of an enabling act of Congress,
had been successfully carried through to the admission of the State. He
was firm and enthusiastic in the conviction that an independent move-
ment in Kansas would meet with similar success. The situation at Wash-
ington was not without encouragement. The political revolution of 1854
had sent to the lower house of Congress a majority of "Anti-Nebraska"
members thoroughly arrayed against the Pierce administration.

They would undoubtedly give to a Free-State constitution from Kansas
a hearty reception. There were those, too, who indulged in the delusive
hope that there still liniered in the bosom of the Northern Democracy
sense enough to make them welcome any measure that promised an hon-
orable and safe exit from the political quagmire into which they had been
plunged by the fateful and ill-starred repeal of the Missouri compromise.
The movement had in it, therefore, sufficient probabiUties of success to
make it much more than a forlorn hope in the struggle. And it was at
once adopted with great unanimity for the Free-State party.

TOPEKA CONSTITUTION.

A convention was called to meet at Topeka on the 19th of September,
1855, to take measures to form a state constitution. At this convention an
election was ordered to be held on the 9th of October following, for the
choice of delegates to a constitutional convention. At the election forty-
seven members were chosen, and the number of votes cast was 2,710.

The convention met at Topeka, October 23. The list of members in-
cluded many of the prominent Free-State men in the Territory: Robinson,
Lane, Conway, Parrott, C. K. HoUiday, W. Y. Roberts, G. W. Smith,
Judge Schuyler, Judge Wakefield, J. S. Emery, J. K. Coodin and others;
while among the clerks, reporters, etc., were Redpath, Phillips, the two
Speers, C. A. Foster, and S. F. Tappan, all of whom were then or after-
ward more or less prominent in Kansas affairs. James H. Lane was chosen
President of the Convention, his opponents being W. Y. Roberts and J. A.
Wakefield. Lane had made his appearance in Kansas only a few months
before, but had already gone to the front as a Free-State leader. He had
at first endeavored to organize a National Democratic party in the Terri-
tory, but, speedily recognizing that there was but the single issue of free-
dom or slavery involved in Kansas politics, accepted the logic of the situa-
tion, heartily embraced the Free-State cause, and never to the end of the
struggle failed in his devotion to it. By the 11th of November the con-
vention had finished its labors and submitted a constitution to the people,
to be voted upon December 15 following. There was nothing remarkable
about the constitution which they had framed. It followed in its main
provisions the precedents of other State constitutions at that time. The
boundaries of the State as defined in it were those of the Territory, the
western limit being the eastern boundary of the Territory of Utah. The
bill of rights simply provided that there should be no slavery nor involun-
tary servitude in the State, except as a punishment for crime. The elec-

Thachek: Rejected Constitutions. 703

tive franchise was confined to white males, and civihzed Indians who had
adopted the habits of white men. A motion was made in the convention
to strike out the word "white," but it received only seven votes. The
times were not yet ripe for so great a forward step, but the educating
process had begun. The names of the seven men who thus anticipated
the final fruits of a great movement, and had even then reached a moral
and political attitude which the country at large was to reach only after
a great war and the destruction of slavery, were Charles Robinson, R. H.
Crosby, G. S. Hillyer, Amory Hunting, 0. C. Brown, Richard Knight, and
Philip C. Schuyler.

Another subject which caused some discussion, was the question of ex-
cluding free negroes from the State. This was finally settled by its sub-
mission to the people with the constitution as a separate question. Later-
day critics have professed to find in this action cause for animadversion.
It is easy after a lapse of thirty years — after the abolition of slavery and
the enfrancliisement of the negro — to find fault with our pioneer pohticians
and statesmen for not acting up to a higher standard. But it is well to
remember that at the time we are speaking of, the negro was not only en-
slaved at the South, but ostracised over the greater part of the North.

Less than three years before, Anthony Burns had been dragged back to
bondage from the shadow of Bunker Hill monument, and within sight of
Faneuil Hall, and Boston had to submit to the outrage. Fugitive slaves
were hunted with comparative impunity all over the North; free negroes
at that time, and for ten years thereafter, were not allowed to ride with
white people in the street cars in New York and Philadelphia, while nearly
every Western state had laws excluding them from settlement within their
bounds. The National Republican party had not j^et been organized; the
great religious bodies of the country were still wrangling over the question
whether slavery were 'per se a sin or not, while the American Tract So-
ciety was carefully emasculating its publications lest they should give
offense to Southern Slaveholders. It was hardly to be expected, therefore,
that the handful of pioneers of the first year's settlement in Kansas — re-
cruited largely from the western states — should at the first bound vault to
the moral leadership of the whole country. Upon the vital, practical ques-
tion of the hour, namely the making of Kansas a free statej they were
eminently sound, and we can afford to look with leniency upon their com-
parative shortcomings, and their failure at the first glance to perceive the
full bearings, moral and poUtical. of the great contest on which they had
entered. Especially is this so in view of their subsequent growth in grace,
which was so rapid and radical that in less than three years thereafter they
framed a constitution without the word "white" in it.

The Topeka Constitution was voted upon and adopted by the people
December 15, 1855, and State officers under it were elected January 15,
1856. The legislature met March 4, organized, listened to an able message
from Charles Robinson, the Governor-elect, elected James H. Lane and
Andrew H. Reeder United States Senators, meinorin'ized Consress for ad-
mission to the Union, and adjourned till July 4. The movement had al-
ready attracted wide attention, and the slave power was alarmed at it.
Although every step had as yet been merely formal, and the necessitv of
admission to the Union by Congress, to give vital power to the Constitu-
tion and State Government, had been continually recognized and avowed,
President Pierce, in a special message to Congress, January 24, sticma-
tized the movement as revolutionary and rebellious, and the Atchison
Squatter Sovereign expressed the cheerful comnction that the only way to

704 Appendix E.

correct the troubles that existed, was ''to hang up to the nearest tree the
very last traitor who had participated in the Topeka convention."

Notwithstanding all this, the constitution was sent to Congress, and
presented to the Senate by Lewis Cass, of Michigan, and to the House of
Representatives by Daniel Mace, of Indiana. Meanwhile the Pro-Slaverj'
courts of the Territory began their infamous work of vexation and oppres-
sion, by finding indictments for treason against the prominent supporters
of the constitution. June 17th the first National Repubhcan convention
was held in Philadelphia, and in its trumpet-toned resolutions declared that
"Kansas should be immediately admitted as a State of the Union, with her
present free constitution, as at once the most effectual way of securing to
her citizens the enjoyment of the rights and privileges to which they are
entitled, and of ending the civil strife now raging in that Territory " On
the 25th of June Galusha A. Grow introduced a bill in the House of Rep-
resentatives for the admission of Kansas, and the 3d of July the House
passed it by a vote of 99 to 97. The next day — July 4th — Colonel Sumner,
under special orders from President Pierce, with a force of United States
dragoons, dispersed the Free-State Legislature at Topeka ; an act of eternal
infamy to all who participated in it. On the Sth of Jul}7 Senator Stephen
A. Douglas reported a substitute for the House bill admitting Kansas into
the Union. It authorized the people to frame a new constitution. Doug-
las's substitute passed the Senate the same day by a vote of 30 to 13, and
thus the Topeka Constitution was rejected by Congress.

The movement, however, was not abandoned by the people of Kansas.
Their eyes were now turned with the intensest aiixiety to the great presi-
dential campaign which was convulsing the country, and in which the
freedom of Kansas was the overshadowing issue. , From ten thousand plat-
forms, and by twice ten thousand speakers and writers, all over the land,
the Kansas question was now being discussed. The tide of immigration
from the free states was already rising. The slave power blockaded the
Missouri river, but the living stream of freemen hastening to the relief
of their beleaguered brethren west of the great stream, flowed aroimd the
state of Missouri to the north, through Iowa and Nebraska, and spread
out upon the plains and valleys of Kansas. The mighty North was
already beginning to pour forth from her populous loins, not a horde of
robbers and vandals to ravage and destroy some Italy of civilization, but
a host of intelHgent freemen bound to rescue the garden-spot of the
American continent from the blasting and withering curse of human
bondage.

It was already begmning to be perceived by those who had eyes to see,
that a greater power than that of presidents and Congresses was about
to intervene in the strife, and that go as the Presidential election might,
the destiny of Kansas was virtually fixed. The special movement which
had taken form in the Topeka Constitution and State Government might
run its course and give place to something else, but the great end for
which that movement had been inaugurated — the freedom of Kansas —
would be achieved. And so it proved. The friends of free Kansas were
defeated in the presidential election of 1856, and one of the most heartless,
cold-blooded and treacherous of their enemies was elected president; but
the people of the North had been so thoroughly aroused and informed by
the campaign, that an emigration to Kansas of phenomenal proportions at
once ensued. The Legislature under the Topeka Constitution met in
January, 1857, memorialized Congress for the admission of the State, and
took a recess to the second Tuesday in June. On the 9th of June it again
met, and remained in session until June 13th. At this meeting Governor

Thacher: Rejected Constitutions. 705

Robinson read an elaborate message, and laws were passed for takins;
a census and apportioning the State; for a State election in August to fill
vacancies; locating the Capital at Topeka; establishing the State Univer-
sity at Lawrence; and a joint resolution was passed asking Congress to
admit the State under the Topeka Constitution. This meeting was held
without molestation from any source. At the special election in August for
filling vacancies, the constitution itself was again submitted to a popular
vote, and received 7,257 votes to 34 against it. In October, 1857, the
people for the first time obtained possession of the Territorial Legislature.
As Reeder and Geary had done before them, Walker and Stanton now
found themselves obliged by the enormities of the Pro-Slavery conspira-
tors to side with the people. Their fidelity to justice was rewarded by
dismissal from office; but the jieople could not be dislodged from the
"coign of vantage" which the honorable conduct of these officers had
enabled them to occupy. Their grasp upon the Territorial government
was not to be loosened. January^ 5, 1858, the Legislature under the To-
peka Constitution met at Topeka, organized, and listened to a message
from Governor Robinson, in which he urged the keeping up of the State
organization. On the 7th the Legislature adjourned to Lawrence, where
the Territorial Legislature was then in session. There was a proposition
at this time for the Territorial Legislature to abdicate and allow the State
Government under the Topeka Constitution to go into actual operation,
but in view of the hostile attitude of the Government at AVashington, and
the manifest risk of losing what had already been gained, the Territorial
Legislature declined to enter upon the experiment, and the project was
abandoned. The State Legislature soon adjourned. This was the end of
the Topeka movement.

If the question be asked what useful purpose the Topeka constitutional
movement subser^•ed, the obvious answer is that it served as a nucleus, the
ralhdng point, the bond of union of the Free-State party during the most
tPidng and dangerous period of our Territorial history. Without it the
Free-State forces must have drifted, been demoralized, and probably
beaten. The prospects of success were sufficiently flattering to supplement
devotion to the Free-State cause with the personal ambition of a large
number of able men who would be called to official position under it.
Lane and Reeder would be United States senators; M. W. Delahay,
member of Congress; Robinson. Governor; W. Y. Roberts, Lieutenant
Governor; P. C. Schuyler, Secretary of State; J. A. Wakefield, Treasurer;
M. F. Conway, S. N. Latta and Morris Hunt. Judges of the Supreme
Court; H. Miles Moore. Attorney General; G. A. Cutler. Auditor; John
Speer, State Printer; S. B. Floyd. Clerk of the Supreme Court, and E. M.
Thurston, Reporter of the Supreme Court. Among the members and offi-
cers of the Legislature were such active and influential men as Henry J.
Adams, J. B. Abbott, James Bloody John Hutchinson, Columbus Hornsby,
M. C. Dickey, J. M. Arthur} H. H. Williams, John Brown, jr., Abram
Barry, Thomas J. Addis, A. Jamieson, Wm. Crosby, Adam Fisher, Asaph
Allen. J. F. Cummings, T. A. Minard, Joel K. Goodin, Samuel F. Tappan,
and C. H. Lovejoy.

These were the strong men of the Territory, representing every shade
and phase of the Free-State sentiment, and capable of carrjdng the people
with practical unanimity. During the memorable campaign of 1856 many
of them championed the cause of free Kansas upon the stump in the
Northern States, and did much to arouse public sentiment, and to send
men and money to aid their brethren in the Territory during the fearful

^NOTE. — Messrs. Blood and Arthur were both members of the Wyandotte Convention.
45 — 778

706 Appendix E.

trials of that eventful year. Preeminent among these were Governor
Reeder and General Lane. Each of them had been reared in the Demo-
cratic party, and had risen to eminence in its councils. Each had gone
to Kansas a Democrat, and had been forced by the infamies and out-
rages of the slave power to espouse the cause of the people against their
oppressors. Governor Reeder had a very wide and favorable acquaintance
in Democratic circles, and his speeches and letters produced a profound
impression upon the country. Lane was in his element — a grand and
glorious cause to champion; wrongs and outrages to expose and denounce;
a suffering and down-trodden people to vindicate; the threatening, bully-
ing, murdering slave power to anathematize and execrate. With such
themes as these to talk about, and listening thousands hanging on his lips
and cheering his words. Lane was one of the most magnetic, dramatic,
imposing, rousing and crowd-swaying orators that this country has ever
produced.

The year 1856 was the critical year for Kansas. During its trying
months the slave power, wielding the force of the United States govern-
ment, was most rampant, prescriptive and murderous. Had not the
friends of freedom, both in Kansas and out of it-, put forth the most active
and sagacious efforts, the cause would have been lost. That critical period
past, the magnificent inflowing wave of immigration of 1857 made the
preponderance of numbers on the Free-State side so great that the era of
violence and bloodshed — except in a few sporadic cases — closed.

The Topeka constitutional movement held the people together through
a stormy and trying period. When the occasion of its usefulness had
passed, they turned to other plans suggested by the changing phases of the
contest. In the eloquent words of a historical writer, who, though a
stranger to Kansas, has correctly appreciated the spirit of her people, "It
had for three years been the shrine at which the whole Free-State party
had worshipped, and the citadel of liberty that had never been surrendered
to the foe. No truer nor braver band of freemen ever fought the des-
perate fight for freedom against such appalling odds as did those who de-
fended it. Their names will go down the ages in imperishable renown
as the unconquerable defenders of free institutions, under the aegis of the
Topeka Constitution,"

THE LEAVENWORTH CONSTITUTION.

The Leavenworth constitutional movement originated with the first
Free-State Legislature, elected in October, 1857. There had been no
general demand for it on the part of the people, although the hostile atti-
tude of both b'ranches of Congress made the acceptance of the Topeka
Constitution hopeless. Indeed, with the seizure of the Territorial Legis-
lature by the Free-State party, it was generally felt that the Tppeka con-
stitutional movement had run its course, a feeling which found expression
in the refusal, we have just noted, of the Territorial Legislature to abdi-
cate in favor of the Topeka State government. Probably a large majority
of the people, could they have been assured of ])eace and quiet, would have
been quito content to live under the Territorial form of government for
an indefinite period, at least until the growth of the community in popula-
tion and wealth had made it better able to sustain the burdens of a State
government. But events moved rapidly and ominously in those days.
The session of the Territorial Legislature would expire by limitation on
the 12th day of February, 1858. Ten days before that date President
Buchanan sent the Lecompton Constitution to Congress with a special
message urging its acceptance. In that message he bitterly maligned the

Thacher: Rejected Constitutions. 707

Free-State people, and announced the monstrous proposition that, by virtue
of the United States Constitution, Kansas was at that moment as much
a slave state as South Carolina or Georgia. The acceptance of that con-
stitution seemed imminent in both houses of Congress. This was the situa-
tion February 2.

It was grave enough to excite the most serious apprehensions of the
Legislature. The admission of the State under the Lecompton Constitu-
tion would undoubtedly lead to the most disastrous consequences. The
temper of the people was such that they would not tolerate the existence
of any State government under that constitution. This would lead to
Federal interference and probably open war. Under these circumstances
the Free-State people would be at a great disadvantage without a State
organization. The most speedy method of improving the situation seemed
to be to at once call a new convention, frame a constitution, elect officers
under it, and have a State organization around which to rally.

Accordingly an act was passed three days before the expiration of the
session, providing for the election of delegates to a constitutional conven-
tion. The election was to be held March 9, and the convention to as-
semble March 23 at Minneola^ the newly-established capital of the Terri-
tory. Governor Denver, whose sympathies were not with the Free-State
people or cause, attempted to thwart the movement by the pretense, or
claim, that the bill had not been properly passed; but the people of Kan-
sas in those days paid but little attention to the opinions of Federal gov-
ernors against any action they had determined on, and went ahead with
the movement uninfluenced by Denver's opposition. The election was
held March 9; the convention assembled at Minneola March 23, adjourned
to Leavenworth March 24, reconvened at Leavenworth March 25, framed
a constitution, finished its labors and adjourned April 3. A State conven-
tion to nominate officers under the constitution was held at Topeka April
28, and the constitution was adopted and officers elected under it May 18.
Before this latter date, however, the great contest in Congress over the
admission of the State under the Lecompton Constitution, had come to
an end by the passage of the English bill, which referred that constitution
back to the people of Kansas to be voted upon the next August, and pro-
vided that if the vote should be against the constitution, delegates to a new
convention should not be chosen until the Territory had a population equal
to the ratio of a representative in Congress, or 94,560. Thus the great
crisis had passed and further prosecution of the Leavenworth movement
was unnecessary and soon abandoned. It had come into being suddenly,
as a strategic necessity in the great fight which the Free-State people were
waging, and when the occasion for it had passed, it, too, passed away.

THE LECOMPTON CONSTITUTION.

The Lecompton Constitution has an immortality of infamy. It was the
child of fraud, and finally died smitten by the mailed hands of an indig-
nant and outraged people. It is remembered just as any other great crime
against humanity lives in the execrating remembrance of mankind. From
first to last the movement was tainted with fraud. It began in the old
bogus, Missouri-elected Legislature of 1S55, which professed to submit the
question of calling a convention to an election to be held in October, 1856.
No Free-State men voted at that election. The bogus Legislature at its
second session, begun in January, 1S57, passed an act providing for the
taking of a census and the election of delegates to frame a constitution.
The delegates were to assemble in Lecompton the first Monday in Septem-

708 Appendix E.

ber, 1857. The law was cunningly framed to exclude the spring immigra-
tion from voting, as no person could vote who arrived later than the 15th
of March. All the preliminary proceechngs were placed in the hands of
Pro-Slavery officials, and no provision was made for submitting the con-
stitution to a vote of the people. Governor Geary protested against these
provisions, and especially demanded the subirdssion of the constitution.
The leaders refused, and said that to submit it "would defeat the only
object of the act, which was to secure, beyond any possibility of failure,
the Territory of Kansas to the South as a slave State." Geary then vetoed
the bill, ancl the Legislature promptly passed it over his veto. The pre-
tended census of voters and of population, upon which the apportionment
of delegates was to be made, was completed during the month of April.
In nineteen of the thirty-four counties of the Territory, no census what-
ever was taken. From every county bordering on Missouri, and from
every Pro-Slavery county, returns were made. The disfranchised counties
were mainly occupied by Free-State settlers. The object of this partial
and unfair census was apjiarent. It was to put the convention beyond a
peradventure in the hands of the Pro-Slavery men.

A recent writer on Kansas affairs has endeavored to shoulder a portion
of the odium of this infamous census upon the Free-State party. After
stating that "apportionment of delegates depended on population, but
nobody could vote whose name did not a]ipear on the registry lists; and
that in only sixteen of the thirty-four organized counties was there any
registration," he adds: "For this condition of things the Pro-Slavery party
was not wholly responsible. Free-State men perplexed the enumeration
by embarrassments of omission and commission, and were not ill-pleased at
the starved and skeleton returns." It is difficult to see why the Free-State
men should be held responsible for something with which they had ab-
solutely nothing to do. The act calling the convention intrusted the tak-
ing of the census to the sheriffs of the various counties, and the returns
were to be made to the probate judges for inspection and revision, and the
corrected lists returned to the Governor, who was to make the apportion-
ment of the delegates. Every sheriff and probate judge, as well as every
other county officer in the Territory, was an appointee of the bogus Legis-
lature and a Pro-Slavery man. There were no Free-State officers. There
had been no election of count}'' officers by the people, and would be none
until long after the delegates to the Constitutional Convention had been
chosen. No Free-State man in the Territory had any authority or legal
power to add a single name to the census or the registry. How they could
"perplex an enumeration by embarrassments of commission and omission"
when there was absolutely nothing for them either to commit or to omit,
passes comprehension. The "starved and skelton returns" were no par-
ticular pleasure to them, except as they foreboded, or ought to have fore-
boded, the downfall of the infamous plot to make Kansas a slave State.
Secretary Stanton afterwards avowed that had he known at the time the
full extent of the scoundrelism of that census and registry he would have
refused to make an apportionment under it, and suffered the whole move-
ment to fail; and the Free-State men, knowing what Stanton did not know,
may have rejoiced to see the Lccomjiton conspirators piling up infamy
upon infamy in their mad course, and thus making more certain their final
failure.

Stanton made the apportionment oli the census as returned, assigning,
of course, no delegates to the nineteen disfranchised counties. At this
point the leading Free-State men of the Territory united in a letter to

Thacher: Rejected Constitutions. 709

Stanton, offering to "overlook the past," and go into the election for dele-
gates, provided a new and honest census should be taken, the delegates
apportioned on that, and the Free-State men given an equal representa-
tion with the Pro-Slavery men on the boards of election judges. Stanton
replied that he had no power to do so. The Free-State party thereupon
refused to have anything to do with the election. The election took place
June 15, and of course none but the Pro-Slavery delegates were chosen.
The total vote cast was only 2,071, which was probably very nearly the
actual strength of the Pro-Slaverj' faction in the Territory. The total
population by this time must have exceeded 50,000.

On the 7th of September the convention assembled at Lecompton, and
organized on the 8th, choosing as its president, John Calhoun, Surveyor
General of the Territory. All eyes were now turned to the election to be
held October 5, for members of the Territorial Legislature in which the
two parties would, for the first time, measure strength at the polls. The
convention therefore adjourned without further action, until the 19th of
October. The election of October 5 took place, and resulted in a sweep-
ing triumph of the Free-State party. The exposure of the enormous
frauds perpetrated at Oxford and in McGee county, whereby the slave
power had made a last desperate venture to hold possession of the Terri-
torial Legislature, followed. These frauds were no more glaring and out-
rageous, and were less violent, than those of March 30, 1855, by which the
first Territorial Legislature had been seized, and which the Administration
and the slave power had claimed were the very perfection of squatter
sovereignty. They were perpetrated for the same purpose and by the
same men. The administration at Washington evidently expected Gov-
ernor Walker and Secretary Stanton to wink at the wholesale forgery and
keep the Pro-Slavery faction in control of the Legislature. But these
officials had come too closely in contact with the people, had made too
many promises of a fair and honest election, and were too thoroughly
disgusted with the huge sham and imposture of the whole business, to
connive at it. They accordingly threw out the forged returns, and gave
the Legislature over into the hands of the people. Meanwhile the intelli-
gence of these new Pro-Slavery frauds had spread, and aroused the people
to a high pitch of indignation. The Free-State men felt not only strong
in the justice of their cause, but in numbers and physical strength. They
felt solemnly called upon to clean out the entire Lecompton gang. A
Free-State mass meeting was called to meet at Lecompton on the 19th of
October, the very day to which the Lecompton Constitutional Convention
had adjourned from its session in September. The air was full of rumors,
threats and portents. When the day came a great crowd assembled.
Philip C. Schuyler was chosen president, and Richard Realf and 0. E.
Learnard Secretaries. Lane was there in all his glory. Nothing suited
him better than an excited crowd and an exciting occasion. His speech
was full of a noble enthusiasm for the Free-State cause and of terrific
denunciation of the frauds and villainies that had characterized the Pro-
Slavery programme. Resolutions were passed denouncing the frauds at the
recent election, declaring that the convention about to assemble in no sense
whatever represented the people and must adjourn sine die. A committee,
with Lane at the head, was appointed to call upon the members of the con-
vention, and convey to them the mandate of the people. The result was
that for four days the members sneaked around Lecompton in the brush,
afraid to assemble, and a quorum could not be obtained. At last Governor
Walker sent over to Fort Leavenworth for a body of United States troops

710 Appendix E.

with a section of artillery, and with their protection a quorum was got
together and the convention went on with its predestined business.

Thus surrounded by United States troops, and protected from the
assaults of an indignant and outraged people, by United States cannon, the
Lecompton convention proceeded to frame the Lecompton Constitution.
All the glory had now departed from the Pro-Slavery movement. It
existed only in force. Had the United States troops been withdrawn, the
Lecompton convention would have fled the Territory within an hour.
However, its members, assured of protection, pushed straight ahead with
their work. Their inspiration came not from Kansas, but from Wash-
ington. The slave power had determined to make Kansas a slave state
at whatever cost, and Mv. Buchanan was its wiUing and conscious instru-
ment. The fellows at Lecompton were but puppets who danced as their
masters pulled the wires. The constitution was soon framed. Its sub-
stance deserves notice only as its provisions indicate the high-water mark
of Pro-Slavery fanaticism in this country. Its preamble asserts that the
State to be created by it is a free, independent and sovereign State. A
whole article is devoted to slavery. The right of property is declared
to be before and higher than any constitutional sanction, and the right of
the owner of a slave to such slave and its increase is the same and as
inviolable as the right of the owner of any property whatever. The
elective franchise is confined to "male citizens" of the United States, appar-
ently on the theory that colored men could not be citizens of the United
States. All civil ofhcers of the State are required to use due diligence to
apprehend and deliver up fugitive slaves. The bill of rights asserts that
"all free-men when they form a social compact are equal in rights"; also
that no "freeman" shall be deprived of life, liberty or property but by the
judgment of his peers or the law of the land. In the same bill of rights it is
provided that "free negroes shall not be permitted to live in this State
under any circumstances." In the section provichng for revisions of the
constitution, the saving clause is inserted that "no alteration shall be made
to affect the rights of property in the ownership of slaves."

The constitution framed, the question arose in the minds of the con-
vention: What shall we do with it? The document was intensely Pro-
Slavery; the people for whom it was ostensibly made were intensely Anti-
Slavery. To submit it to an honest vote was to see the whole movement
collapse like a soap bubble in the air. To refuse to submit it was to vio-
late the pledges given before their election by Calhoun and many other
members of the convention, to stultify the express promises of the admin-
istration through Governor AValker, and to hazard its rejection by Congress.
In this dilemma a scheme for a sort of bogus submission was hit upon, or
imported ready made from Washington. Apparently, and on its face, the
constitution was submitted to the white male inhabitants "for approval or
disapproval," but in reahty nothing but the question of slavery was sub-
mitted, and in fact it was doubtful whether even that was meant to be
fairly and honestly submitted. The form of vote was, "Constitution with
Slavery," and "Constitution with no Slavery." In either form the vote
was for the constitution; but the jussle in the pretended submission of the
slavery question was seen, when the provision of the latter part of the
section was read, to this effect: That in the event it should appear that
a majority of the legal votes had been cast for the "Constitution with no
Slavery," "then the article providing for slavery shall be stricken from
the constitution, and slavery shall no longer exist in the State of Kansas,
except that the riiiht of property in slaves now in the Territory shall in no
manner be interfered with." But what was the right of property in the

Thacher: Rejected Constitutions. 711

slaves then in the Territory? As defined by the constitution itself, in
the words we have already quoted, it was the "right of the owner of a
slave to such slave, and its increase." This right was "in no manner to be
interfered with." The State was therefore to have remained a slave State
so long as the slaves then living in Kansas, or any of their descendants
("increase") should exist. It was also provided — apparently with the
intention of excluding the Free-State men from voting — that at the election
on the constitution each voter should be required to take an oath to sup-
port the constitution, under the penalties of perjury under the Territorial
laws. The precaution, however, was unnecessary, as the Free-State people
with entire unanimity refused to take part in the election. Two elections
were provided for by the convention — the one just alluded to, on the 21st
of December, and the other on the 4th of January following, for the elec-
tion of State officers under the constitution.

The convention adjourned on the 7th day of November. In its action
it had violated every one of the solemn pledges made in its behalf by
Governor Walker, and accordinq; to his repeated statement, made, too, on
the authority of President Buchanan himself, that the people should have
a free and fair vote upon the constitution. It was evident that the crown-
ing outrage of a Ions course of villainv was about to be attempted. The
Territory flamed with excitement. Pulilic meetings were held in every city,
village, and hamlet. The pressure to put the State Government under the
Topeka Constitution in immediate operation, was immense. A convention
was held in Topeka, presided over by Col. C. K. Holliday, at which reso-
lutions were passed, requesting Governor Robinson to at once call to-
gether the Free-State Legislature. A vigilance committee was appointed.
A few days afterwards a large mass convention was held in Leavenworth,
at which Judge Latta presided, and which formally requested Acting Gov-
ernor Stanton to call the recently-elected Territorial Legislature together
in special session, and which, on motion of General Lane, asserted that in
case Acting Governor Stanton should decline to do so, no other course
would be oj^en to the jieople but to put the Topeka government in mo-
tion, and pledging themselves to adopt that course, and stand or fall by
it. A great delegate convention of the whole Territory had been called,
and was about to assemble at Lawrence. Finally, a petition was presented
to Mr. Stanton, signed by a majority of the members of the Legislature,
and accompanied by a letter signed by Robinson, Lane, and many other
prominent Free-State men, requesting him to call the Legislature together
as the only means of averting violence and bloodshed. The crisis was
imminent. To comply, as Governor Stanton well knew, meant a final
break with the malevolent, unscrupulous and vindictive slave power at
Washington. To refuse meant tumult, convulsion, irreparable wrong, and
the torch-light of civil war at home in Kansas. But emergencies are the
occasions which reveal great men, and Frederick R Stanton was a great
man. He called the Legislature. For this brave, manly, and statesman-
like act, he was summarily dismissed from office by the President. Be-
fore he could be removed, however, he had time to meet the Legislature,
give them his reasons for calling them together, and consult with them
as to the proper course to pursue. The Legislature remained in session
only a few days. Its most important work was to provide by law for the
submission of the Lecompton Constitution to a vote of the people on the
4th of January following — the same day that had been fixed by the Le-
compton Convention for the election of State officers under the Lecompton
Constitution. It was of course known that the constitution would be
voted down by an overwhelming majority of the people, and it was hoped.

712 Appendix E.

vainly, as the sequel showed, that the administration at Washington would
not have the colossal stupidity and wickedness to champion a constitution
which, at a fair and legal election, held by the regular authorized and
recognized Territorial authorities, had been demonstrated to be not the
choice of the people. But the capacity of the Buchanan administration —
that decaying dynasty of the slave power — for pure, unadulterated mean-
ness, and high-handed, outrageous villainy, had at that date been vastly
underestimated.

The election of December 21 was a one-sided affair, the Free-State
people refusing to take part in it. The total vote was 6,143 for the Con-
stitution with slavery, and 569 for the Constitution with no slavery. Of
this vote, over 3,000 were subsequently shown to be purely fraudulent.
In Kickapoo the Cincinnati directory was boldly copied to the extent of
nearly a thousand names. In Oxford the fraud rivaled that of the previous
October election, which Walker and Stanton had kicked out. No motive
could be assisned for these frauds, except it was to swell the total vote into
something like respectable dimensions for effect at Washington.

The elections of January 4, 1858, which followed, presented a curious
phase of complication. First, there was an election for State officers under
the Lecompton Constitution, and under officers appointed by the presi-
dent of the convention; and, secondly, there was on the same day, an
election upon the Lecompton Constitution, under the regular Territorial
authorities, provided for by the Legislature at its special session. This
latter election the Pro-Slavery party ignored. A large vote, however, was
cast, resulting in: For the Constitution without slavery, 23; for the Con-
stitution with slavery, 138; against the Constitution, 10,226.

The Free-State body, as a party, had resolved not to commit them-
selves by voting for State officers under the Lecompton Constitution.
An independent ticket, however, had been nominated in opposition to the
Pro-Slavery ticket, and was supported by a portion of the Free-State
people. The total vote on Governor, as returned for this election, and
now on record in the secretary of state's office, gives for the Pro-Slavery
ticket 4,375, and for the Free-State ticket 3,966. This, however, was only a
partial return. The vote as reported to the Legislature by C. W. Babcock
and George W. Deitzler was for Smith, Free-State, 6,875; for Marshall,
Pro-Slavery, 6,545; a Free-State majority of 330. Of the Pro-Slavery vote
they reported as fraudulent from Oxford, Shawnee, Kickapoo and other
places 3,000 votes. They also reported the election of a majority of Free-
State members in each branch of the Legislature. The returns, however,
of the election w^ere made to Mr. Calhoun, President of the Lecompton
Convention, who was authorized to grant certificates of election. It was
generally believed that in case the State was admitted under the Lecomp-
ton Constitution, Calhoun would give certificates to the Pro-Slavery can-
didates for State officers and to a majority of Pro-Slavery candidates for
the Legislature.

The contest now drifted from Kansas to Washington, where the slave
power, with President Buchanan at its head, espoused the Lecompton Con-
stitution and endeavored to force the admission of the State with it. But
the inces.sant protesting of the Free-State men had produced a visible
effect. Moderate men in the Democratic party began to halt. The North-
ern con.stituencies were muttering with rage. Reeder, Geary, Walker, Stan-
ton— all Democratic appointees — were knifing the infamous fraud at every
opportunity. The great Democratic senator from Illinois, Stephen A.
Douglas, who had championed the repeal of the Missouri compromise, and
had fought the battle of the South by the light of his own burning effigies.

Thacher: Rejected Coxstitutioxs. 713

all over his own state, now threw the weight of his magnificent powers
into the scale against the Lecompton fraud, and in some small measure
atoned for his past career, and the injuries he had done to Kansas, by
fishting one splendid and masterly fight in her behalf. Meanwhile the
Free-State men in Kansas were not idle. The Legislature fully investi-
gated the frauds of the late elections, took a census -of the hamlets like
Oxford, that had been returning Pro-Slavery votes by the thousand, and
showed that it had less than fifty voters all told; discovered the fraudulent
Delaware Crossing returns concealed under a wood-pile in Lecompton;
began making arrests of the guilty parties, and in short, made it so hot
for the rascals that the most of them fled from the Territory never to re-
turn. But blind, obstinate, unreasoning, the slave power in Congress
pressed relentlessly onward. They carried the Lecompton Constitution
through the Senate by a vote of 33 to 25, and pressed for victory in the
House. Here, however, the storm raged in vain. The House defeated the
Senate bill, and adopted a substitute sending the constitution back to
Kansas to be again voted on. The Senate rejected the substitute, and
voted for a committee of conference. The committee of conference re-
ported the English bill. On April 3d it passed both houses, and on the
4th of Ma}', 1S5S, the President signed it. The essence of this bill was
that the State was admitted under the Lecompton Constitution, but not
with the ordinance of that constitution, but with a special and exceedingly
liberal grant of public lands, made by the bill itself, subject to the condi-
tion of a popular vote to be hereafter taken, at which the ballots were to
read "For proposition of Congress and admission," and "Against proposi-
tion of Congress and admission." This virtually finished the business, for
nobody expected the people in their then temper of mind to vote for
admission under the Lecompton Constitution, even though the bribe to do
it had rivaled the Satanic offer to our Saviour, of all the kingdoms of the
earth. The vote took place August 2, 1858, and resulted as follows: For
the proposition, 1,788; against the proposition, 11,300; majority against
it, 9,512.

Thus the great Lecompton struggle was ended, and thence forward the
Kansas ship of State sailed on comparatively unruffled seas toward the
final haven of admission into the Union.

APPENDIX F.

BIBLIOGRAPHY.

The material for the study of the four constitutions of Kansas and the
conditions under which they were framed is very extensive.

It has been considered helpful to indicate where such material may be
found, and to arrange it under the following headings:

A. United States Histories.

B. Debates and Documents.

1. National.

2. Territorial.

C. Kansas Histories.

1. Contemporaneous.

2. Of Later Date.

D. General Articles.

E. The Topeka Convention and Constitution.

F. The Lecompton Convention and Constitution.

G. The Leavenworth Convention and Constitution.
H. The Wyandotte Convention and Constitution.

I. Biographical.

1. Territorial Governors.

2. Wyandotte Convention Delegates.

A. UNITED STATES HISTORIES.

L Bassett. Johx Spkxcer —

A Short Historv of the United States, Macmillan Co. (New York,
1919) ; pp. 489-510.

2. Burgess, John W. —

The Middle Period (New York, 1897); pp. 405-448, 460-474.

3. Ch.anxixg et al. —

Guide to the Study of American History by Channing-Hart-
Turner, Ginn and Co. (Boston, 1914) ; pp. 454, 455.

4. VON HOLST, H. —

History of the Constitution of the United States, 10 vols. (Chi-
cago) ; V. 5, ch. 3, 5, 6, 9; v. 6, ch. 2, 4, 5.

5. Lodge, H. C. —

History of the United States, 2 vols.; v. 2, pp. 646-651, 661-664.

6. McM.\sTER, John Bach —

A History of the People of the United States (1S50-1861), 8 vols.
(D. Appleton & Co., New York. 1913) ; v. 8, pp. 196-208, 215-227,
231-246, 252-264, 273-277. 303. 304, 306. 310, 313-317, 328, 329, 335,
392-400, 405-410, 430, 444, 445, 453, 461, 515.

(715)

716 Appendix F.

7. Miller, Marion jMills —

American Debates, 2 vols. (G. P. Putnam's Sons, New York,
1916) ; V. 2, pp. 278-350.

8. Rhodes, James Ford —

History of the United States from 1850 to 1877, 7 vols. (Mac-
millan'Co., New York, 1906) ; v. 1, pp. 425-500; v. 2, pp. 33-464;
V. 3, p. 312n.

9. Schouler, James —

A Historv of the United States, 7 vols. (Dodd, Mead and Co.,
New York, 1913) ; v. 5, pp. 280, 320-323, 342, 344-349, 357, 362,
383-386, 391, 396, 399, 421, 424, 439, 449, 503.

10. Wilson, Woodrow —

A Historv of the American People, 5 vols. (Harper and Bros.,
New York, 1897) ; v. 4, pp. 165-172, 176-184.

B. DEBATES AND DOCUMENTS.
1. National.

1. Kansas Bill — An act to organize the Territory of Kansas, "Squat-
ter Sovereignty," May 30, 1854. Congressional Globe, 33d Con-
gress.

2. Troubles in Kansas — Report of Special Committee (34th Con-
gress, 1st Sess., House Report, No. 200).

3. Executive Documents of both House and Senate of the United

States for the 34th and 35th Congresses.

4. Reports of both House and Senate for the 34th and 35th Con-
gresses.

For the pages of these National authorities, see the index for each under
the title "Kansas."

2. Territorial.

Execl'tive Minutes and Correspondence —

under Governor Reeder: 5 Kan. Hist. Col., 163-234.

under Governor Shannon: 4 Kan. Hist. Col., 385-403; 5 Kan.

Hist. Col., 234-264.

under Governor Gearv: 4 Kan. Hist. Col. 374-385, 403-519,

520-745; 5 Kan. Hist" Col., 264-289.

under Governor Walker: 5 Kan. Hist. Col., 290-464.

under Governor Denver: 5 Kan. Hist. Col., 464-561.

under Governor Medary: 5 Kan. Hist. Col., 561-633.

C. KANSAS HISTORIES.

a. Contemporaneous —

1. Brewerton, G. D. "Ways of the Western Border" (1860).

2. Fisher, S. G. "The Law of the Territories" (1859).

3. Gihon, John H. "Geary and Kansas" (1857).

4. Gladstone, T. H. "Kansas" (1857).

Bibliography. 717

5. Hutchinson, W. M. "Sketches of Kansas Pioneer Experience"
(1S56-1S60).

6. Parker, N. H. "Kansas and Nebraska Hand-Book" (1857).

7. PhilUps, W. A. "Tlie Conquest of Kansas" (1856).

8 Robinson, Sara T. L. "Kansas, Its Interior and Exterior
Life" (1856).

b. Of Later Date —

1. Andreas. "History of Kansas" (1883).

2. Arnold, Anna E. "A History of Kansas for Schools."

3. Blackmar, Frank W. "History of Kansas," 2 vols.. Standard
Pub. Co. (Chicago, 1912).

4. Connelley, W. E. "Kansas and Kansans," 5 vols. (Chicago,
1918) ; V. 1, ch. 16-30; v. 2, ch. 31-39.

5. Cordley, R. "Convention Epoch in Kansas History" (1896).

6. Cutler, W. D. "Historv of Kansas" (Chicago, 1883).

7. Ewing, T. "The Struggle for Freedom in Kansas" (1894).

8. Giles, F. W. "Thirty Years in Topeka" (1886).

9. Goodspeed Pub. Co. "History of the Formations of the Con-
stitutions of Kansas" (Chicago, 1890).

10. Holloway, J. N. "History of Kansas" (1868).

11. Kansas State Historical Societv. "Kansas Historical Collec-
tions," 1876-1918 (State Printing Plant, Topeka).

12. Philhps, W. A. "Kansas History"; v. 4, Kan. Hist. Col., pp.
351-359.

13. Prentis, N. L. "Historv of Kansas" (1899).

14. Robinson, C. "Kansas Conflict" (1892).

15. Spring, L. W. "Kansas" (Boston, 1885), ch. 3-12.

16. Thacher, T. D. "The Rejected Constitutions" (1886).

17. Tuttle, C. R. "Historv of Kansas" (1885).

18. Wilder, D. W. "Annals of Kansas" (Topeka, 1886).

19. Wilder, D. W. "The Story of Kansas," 6 Kan. Hist. Col.,
pp. 336-342.

D. GENERAL ARTICLES.

1. Adams, Franklin G. —

The Capitals of Kansas (Topeka, 1904) ; v. 8, Kan. Hist. Col.,
pp. 331-351.

2. Buchanan, Pres. James —

Excerpt from Annual Message, Dec. 8, 1857, relating to Kansas
(Topeka, 1896) ; v. 5, Kan. Hist. Col., pp. 460-464.

3. Connelley, Wm. E. —

The East Boundary Line of Kansas. Kansas City Journal,

March 6, 1S99. Bound with "The Boundary Lines of Kan-
sas," by George W. Martin. (Topeka).

The East Boundary Line of Kansas (Topeka, 1910); v. 11,

Kan. Hist. Col., pp. 75-80 (First printed in Kansas City
Journal, March 6, 1899).

4. CoRDLEY, Richard —

The Convention Epoch in Kansas History (Topeka, 1896), v. 5,
Kan. Hist. Col., pp. 42-47.

718 Appendix F.

5. Denver, James W. —

Address to the People of Kansas (Topeka, 1896) ; v. 5, Kan.

Hist. Col., pp. 465-468.
Address at Old Settlers' Meeting, Bismarck Grove, Lawrence,

Sept. 3, 1884; v. 3, Kan. Hist. Col., pp. 359-366.

6. Ferrell, J. A. —

Should Kansas Have a Constitutional Convention? (Topeka);
Bar Association Proceedings, 1918, pp. 51-58.

7. Guthrie, John —

Power and Duties of the Judiciary (Topeka, 1889) ; in the Seventh
Annual Meeting; of the Bar Association of the State of Kansas,
pp. 23, 24.

8. Horton, Albert H. —

The Proposed Constitutional Amendment (Topeka. 1886); in the
Third Annual Meeting of the Bar Association of the State of
Kansas, pp. 9-19.

9. Landrum, Chas. H. —

A Historv of the State School Fund (Topeka, 1012) ; v. 12, Kan.
Hist. Col, pp. 197, 198.

10. Martin, Geo. W.—

The Boundary Lines of Kansas (Topeka). Pamphlet, Address at
Alma, Independence (Mo.), Kansas City (Kan.), 1909. ("The
East Boundnry Line of Kansas," by W. E. Connelley, is bound in
same pamphlet.)

11. MooRE, E. W.—

The Need of a Constitutional Convention (Topeka, 1892) ; Ninth
Annual Meeting of the Bar Association of the State of Kansas,
pp. 88-94.

12. Papers relating to the Constitutions of Kansas (Topeka, 1900) ; v. 6,

Kan. Hist. Col., pp. 385-393.

13. Perdue, Rosa M. —

The Sources of the Constitution of Kansas; v. 7, Kan. Hist. Col.,
pp. 130-151. (Same article is Appendix D, p. 676 of this volume.)

14. Thacher, T. Dwight —

The Rejected Constitutions (Topeka, 1886) ; v. 3, Kan. Hist. Col.,
pp. 436-438. (Reprinted in this volume at p. 652.)

15. Webb. W. C—

Sketch of Kansas Constitutions (1897); v. 1, General Statutes of
Kansas, pp. 45, 46 note.

E. TOPEKA CONVENTION AND CONSTITUTION.

1. Adams, F. G. —

The Capitals of Kansas (Topeka, 1904); v. S, Kan. Hist. Col.,
pp. 344-346.

2. Arnold, A. E. —

History of Kansas (Topeka, 1914) ; pp. 79-80.

3. Blackmar, F. W. —

Charles Rol^inson (Topeka, 1900); v. 6, Kan. Hist. Col., p. 197.

Bibliography. 719

4. connelley, w. e. —

The Topeka Movement (Topeka, 191S) ; v. 1, Kansas and Kan-
sans, pp. 461-472.

5. Cutler, W. D.—

History of Kansas (Chicago, 1883); pp. 110-113.

6. Elliott, R. G. —

The Big Springs Convention (Topeka, 1904); v. 8, Kan. Hist.
Col., p. 363.

7. GooDiN, Joel K. —

The Topeka Movement (Topeka. 1915) ; v. 13, Kan. Hist. Col.,
pp. 125-249.

8. Phillips. W. A.—

The Conquest of Kansas (1856).

9. Reeder, Andrew H. —

From Address to His Pennsylvania Neighbors in December, 1855
(Topeka, 1896) ; v. 5, Kan. Hist. Col., pp. 177, 178.

10. RoBixsox, Charles —

Topeka and Her Constitution (Topeka, 1900); v. 6, Kan. Hist.
Col., pp. 291-305.

11. RoBiNsox, Mrs. S.ara T. L. —

Kansas, Its Interior and Exterior Life (1856).

12. Topeka Movement (Topeka, 1915) —

Vol. 13, Kan. Hist. Col., pp. 125-249.

13. The Topeka and "Free State" Movement —

Burgess, pp. 425-440, 443, 463.

V. 8. McMaster, pp. 227, 232, 260.

V. 2, Rhodes, pp. 103, 107, 195.

V. 5, Schouler, pp. 327-331.

14. Thacher, T. Dwight —

The Rejected Constitutions— Topeka (Topeka, 1886).

V. 3, Kan. Hist. Col., pp. 436-441.

see p. 652 of this volume.

15. Walker, R. J. —

Inaugural Address (Topeka, 1896) ; v. 5, Kan. Hist. Col., pp. 328-
341.

16. Walker, R. J.—

Letter to Cass on the Topeka Movement (Topeka, 1896) ; v. 5,
Kan. Hist. Col., pp. 341-344.

17. Wilder, D. W.—

The Annals of Kansas (Topeka, 1886) .

Convention, preliminary, p. 78.

Convention proceedings, pp. 85, 86.

Delegates chosen to, pp. 80-84.

Delegates, list of, pp. 84, 85.

Recommendation by Senate Committee, p. 152.

Submission to Congress, pp. llo.

Text of, pp. 91, 106.

Vote on adoption, popular, p. 90.

Vote for officers under, popular, p. 174.

720 Appendix F.

IS. Wilder, D. W.—

The Storv of Kansas (Topeka, 1900), "Topeka Movement"; v. 6,
Kan. Hist. Col, p. 340.

F. LECOMPTOX COXVEXTIOX AXD COXSTITUTION.

1. Adams, F. G. —

In "The Capitals of Kansas" (Topeka, 1904) ; 8 Kan. Hist. Col.,
p. 341.

2. Arnold, A. E. —

History of Kansas (Topeka, 1914), pp. 95-97.

3. Burgess, John W. —

In "The Middle Period," pp. 465-471 (Scribner's Sons, 1897).
On Rejection of Lecompton Constitution, quoted, 2 K. & K.,
p. 934.

4. CONNELLEY, Wm. E. —

Lecompton Constitution (Topeka, 1918).
Kansas and Kansans, pp. 657-659, 663, 690, 691.
Kansas and Kansans, pp. 1223, 1304.

5. CoRDLEY, Richard —

In "Memorial of Timothy Dwiajht Thacher" (Topeka, 1900); 6
Kan. Hist. Col., 85, 86.

6. Cutler, W. D.—

History of Kansas (Chicago, 1883); pp. 162-166, 170, 171.

7. Hodder, F. H. —

Some Aspects of the "English Bill" for the Admission of Kansas
(Topeka, 1908) ; 10 Kan. Hist. Col., pp. 224-232.

8. "Lecompton, Jr." —

Enghsh Bill, 8 McMaster, pp. 316, 317.

9. Lecoaipton and Lecompton, Jr. —

(N. Y. Tribune Almanac, 1859, p. 24.)

10. McAllaster, 0. W.—

In "Mv Experience in the Lawrence Raid" (Topeka, 1912) ; 12
Kan. Hist. Col., p. 401, note.

11. McMaster, John B.a.ch —

8 History of People of United States: pp. 306-312, 313-316, 320-
323, 334-336.

12. Martin, Geo. W. —

In "Early Days in Kansas" (Topeka, 1906) ; 9 Kan. Hist. Col.,
p. 133.

13. Martin, John —

In "Sketch of Judge Rush Elmore" (Topeka, 1904) ; 8 Kan. Hist.
Col., p. 435.

14. Price, Ralph R. —

In "The Lecompton Movement" (Topeka, 1918) ; 2 Kansas and
Kansans, pp. 925-934.

15. Rhodes, J. F. —

2 History of United States, pp. 277-307, 375, 464.

Bibliography. 721

16. St.\ntox. Frederick P. —

In Address at Old Settlers" ^Vleeting, Bismark Gro^•e, Lawrence,
September 2, 1S84 (Topeka, 1SS6) ; 3 Kan. Hist. Col., pp. 338,
340-358.

17. Stoxe, Robert —

In "Kansas Laws and Their Origin" (Topeka, I'JIS) ; 2 Kansas
and Kansans, p. 936, 942-945.

IS. Th.\cher. T. Dwight —

The Reiected Constitution — Leavenworth (Topeka, 1886) ; 3
Kan. Hist. Col., pp. 442-44S.

l!t. Wilder, D. W.—

The Annals of Kansas (Topeka, 1886).

Convention Act, p. 155.

"English Bill" or "Lecompton, Jr.," Text of, pp. 231-233.

Submi.^sion to Congress, p. 210.

Text of Lecompton Constitution, pj). 177-191.

^'ote on Adoption of Lecompton, Dec. 21, '57, pp. 202,

203.

\'ote on Adoption of Lecompton. Jan. 4. "58, p. 208.

A'ote on Delegates to Lecompton. p. 169.

\'ote on Lecompton, Jr., popular. ]ip. 238-240.

20. Wilder, D. W.—

In "The Storv of Kansas" (Topeka, 1900) ; "Lecompton Constitu-
tion," 6 Kan." Hist. Col., p. 340.

G. LEAVENWORTH COXVEXTIOX AND COXSTITUTIOX.

1. Adams, F. G. —

In "The Capitals of Kansas" (Topeka, 1904) ; v. 8. Kan. Hist.
Col., p. 343.

2. Arnold, A. E. —

History of Kansas (Topeka, 1914), p. 97.

3. CONNELLEY, Wil. E.

Leavenworth Constitution; 2 Kansas and Kansans (Topeka,
1918), pp. 690-693.

4. Cutler, W. D.—

History of Kansas (Chicago, 1ns3), p]^. 167-170.

5. Denver, Ex-Gov. J. W.—

Account of Passage of Leavenworth Constitutional Convention
Law; V. 5, Kan. Hist. Col., p. 362.

6. Martin. George W. —

In "Some of the Lost Towns of Kansas" (Topeka, 1912), ".Min-
neola"; 12 Kan. Hist. Col., pp. 433, 434.

7. RoBiNsox, Chas. —

In "Topeka and Her Constitution" (Topeka, 1900); 6 K.m Hist
Col., p. 298.

8. Speer, Johx —

In "Accuracv in History" (Topeka, 1900) ; 6 Kan. Hist. Col.,
pp. 62, 63.

46 — 778

722 Appendix F.

9. Speer, John —

Incidents of the Pioneer Days (Topeka, 1S96), The Leavenworth
Constitution; v. o, Kan. Hist. Col., pp. 136-141.

10. Stone, Robert—

In "Kansas Laws and Tlieir Origin" (Topeka, 191S), 2 Kansas
and Kansans, pp. 936, 945, 946.

11. Thacher, T. Dwight —

The Rejected Constitution — Leavenworth (Topeka, 1S86) ; 3
Kan. Hist. Col., pp. 441-442.

12. Thacher, T. Dwight —

The Leavenworth Constitution (Topeka, 1SS6) ; 3 Kan Hist. Col.,
pp. 5-15.

13. Wilder, D. W.—

Annals of Kansas (Topeka, 1SS6) :

Convention Act. pp. 211, 212.

Delegates Elected, p. 214.

Organization, pp. 215, 216.

Submission to Senate, p. 250.

Text of, pp. 216-231, 766.

Vote On, Popular, p. 235.

H. WYANDOTTE CONVENTION AND CONSTITUTION.

1. Arnold, A. E. —

History of Kansas (Topeka, 1914), pp. 99, 100.

2. Connelley, Wm. E. —

Wvandotte Constitution (Topeka, 191S), 2 Kansas and Kansans;
pp. 696-700, 707, 708-710.

3. Connelley, Wm. E. —

The Wyandotte Convention (Chicago, 1918), 3 Kansas and Kan-
sans, pp. 696-699.

4. Crawford, S. J. —

Kansas in the Sixties (Chicago, 1911), pp. 5, 6.

5. Cutler, ^Y. D.—

History of Kansas (Chicago, 1883), pp. 173-176.

6. Francis, Clara —

In "Prohibition in Kansas" (Topeka, 1918), 2 Kansas and Kan-
sans, p. 795.

7. Hutchinson, Wm. —

Sketches of Kansas Pioneer Experience (Topeka, 1902) ; 7 Kan.
Hist. Col., pp. 391, 408-410.

S. Johnston, W. A. —

In a "Letter to J. G. Waters," November, 1904 (Topeka, 1906) ;
9 Kan. Hist. Col., p. 60.

9. Jones, How^ei> —

In "Judge Samuel A. Kingman" (Topeka, 1906) ; 9 Kan. Hist.
Col., pp. 55-58, 55 note 7.

BiBIilOGRAPHY. 723

10. Kellogg. Lyman B. —

In "The Foundinsj of the State Normal School" (Topeka, 1912) ;
V. 12, Kan. Hist. Col., pp. 93-95; note 12, p. 94.

11. McLean, Henry —

A People Made Constitution (Clay Center, 189S), in Kansas Bar
Association Proceedings, 1898, pp. 67-74.

12. Martin, John A. —

The Wyandotte Constitutional Convention (Topeka, 1888), in
Addresses by J. A. Martin, pp. 17-36. See, also, p. 663 of this
reprint.

13. Martin, Geo. W.—

Boundary Lines of Kansas (Topeka, 1910); 11 Kan. Hist. Col.,
pp. 53, 62-74.

14. Perdue, Rosa M. —

The Sources of the Constitution of Kansas (Topeka, 1902) ; 7
Kan. Hist. Col., pp. 130-151.

15. Phillips, W. A. —

The Wyandotte Convention (Kansas Magazine, 1873, v. 1).

16. Simpson, Benj. F. —

The Wyandotte Constitutional Convention (Topeka, 1881) ; 1 and
2 Kan. Hist. Col, pp. 236-247.

The Wvandotte Convention (Topeka, 1886) ; 3 Kan. Hist. Col,

pp. 385-389.

See, also, p. 652 of this volume.

17. Stone, Robert —

In "Kansas Laws and Their Origin" (Topeka, 1918), 2 Kansas
and Kansans, pp. 946-952. See, also, p. 697 of this volume.

18. Thacher, T. D.—

The Leavenworth Constitution (Topeka, 1886) ; v. 3, Kan. Hist.
Col, p. 5.

19. Waters, J. G.—

Fifty years of the Wyandotte Constitution (Topeka, 1910); 11
Kan. Hist. Col., pp. 47-52.

20. Wilder, D. W.—

Amendments to date, pp. 277, 278.
Claims Commission, pp. 278, 279.
Convention Act, p. 252.
Convention election called, p. 253.
Convention reunion (1882), p. 980.
Delegates, list of, p. 261.
Kansas admitted, pp. 310-312.
Kan. Hist. Col. papers, p. 937.
Kingman, reunion, p. 1072.
Martin, John A., Sketch of, p. 981.
Proceedings of, pp. 261-263.
Text of, pp. 263-276.
Vote, adoption of, pp. 280, 281, 282.
Vote on calling, pp. 253. 254.
Vote on delegates, pp. 259, 260.
Vote of National House on, p. 298.
Vote on officers vmder, p. 261.

724 Appendix F.

21. Wyandotte —

8 McMaster, pp. 410, 444, 445. 515.
5 Schouler, pp. 421, 424, 439, 449, 503.

22. Wy.\ndotte Constitution —

Wj'andotte Constitutional Convention.

Proceedinsis and debates, embracing the secretary's journal
of the Kansas constitutional con^ention con^•ened at Wyan-
dot, 5 Jl. 1859, under the act of the territorial legislature, en-
titled, An act providing for the formation of a state govern-
ment for the state of Kansas, approved 11 F., 1859, Ariel
E. Drapier, reporter; pp. 16, 46, 439. 0. Wyandot, 1859, of
which this book is a reprint.

I. BIOGRAPHICAL.

a. Territorial Governors —

1. Data of gubernatorial terms:

Reeder, Andrew H. Shawnee Manual Labor School; appointed
July 7, 1854; arrived in Kansas, Oct. 7, 1854; served to April
17," 1855; June 23 to Aug. 16, 1855. d. Easton, Pa., Julv 5,
1864.

Woodson, Daniel. Apr. 17 to June 23, 1855; secretary and act-
ing governor, Aug. 16 to Sep. 7, 1855; June 24 to July 7,
1856; Aug. 18 to Sep. 9, 1856; Mar. 12 to Apr. 16, 1857.
d. Claremore, I. T., Oct. 5, 1894.

Shannon, Wilson. Shawnee Manual Lalior School and Lecomp-
ton. Sep. 7, 1855, to June 24, 1856; July 7 to Aug. 18, 1856.
d. Lawrence, Aug. 30, 1877.

Gearv, John White. Lecompton. Sei). 9, 1856, to Mar. 12, 1857.
d. Harrisburg, Pa., Feb. 8, 1873. '

Stanton, Frederick P. Lecompton. Apr. 16 to May 27, 1857;

secretary and acting governor, Nov. 16 to Dec. 21, 1857. d.

near Ocala, Fla., June 4, 1894.
Walker, Robert John. Lecompton. Mav 27 to Nov. 16, 1857.

d. Washington, D. C, Nov. 11, 1869.'

Denver, James W. Lecompton. Deo. 21, 1857, to Oct. 10, 1858;
secretary and acting governor until May 12, 1858, when he
was appointed governor. Was out of the territorv July 3-30,
1858. d. Washington, D. C, Aug 9, 1892.

Walsh, Hugh Sleight. Lecompton, July 3-30, 1858: Oct. 10 to
Dec. 18, 1858; Aug. 1 to Sep. 15, 1859; Apr. 15 to June 16,
1860. d. near Grantvillo. .Tefferson countv, Kan., Apr. 23,
1877.

Medary, Samuel. Lecompton. Dec. IS, 1858. to Aug. 1, 1859;
Sep. 15, 1859, to Apr. 15, 1860; June 16 to Sep. 11, 1860; Nov.
25 to Dec. 17, 1860. d. Cohnnl)us, Ohio, Nov. 7, 1864.

Beebe, George M. Lecom])ton. Sep. 11 to Nov. 25, 1860; Dec.
17, 1860, to Feb. 9, 1861. Secretary and acting governor.
(Taken from v. S, Kan. Hist. Col., p. 508.)

2. Biographical Data Concerning Kansas Territorial Governors; v. 6,

Kan. Hist. Col., p. 409, 410.

Bibliography. 725

3. CONNELLEY. Wm. E. —

In "Kansas Territorial Governors" (Topeka, 1900), 20th Century
Classics.

4. Robinson, Charles —

"Recollections and Impressions of Our Territorial Governors,"
V. 1 and 2, Kan. Hist. Col., p. 115.

5. Reeder, Andrew H. —

V. 1 and 2, Kan. Hist. Col., p. 145.

V. 3, Kan. Hist. Col., pp. 197-223.

V. 6, Kan. Hist. Col, pp. 66-68, 299.

V. 8, Kan. Hist. Col., pp. 186, 229, 375, 508.

Wm. E. Connelley in "Kansas Territorial Governors" (20th

Century Classics, 1900) .
Burgess' Middle Period, pp. 416-425.
8 McMaster — Historv of the People of the United States, pp.

220-226.
5 Schouler, pp. 327-331, 348.

6. Woodson, Daniel —

V. 1 and 2, Kan. Hist. Col., p. 115.

V. 3, Kan. Hist. Col., p. 325.

V. 4, Kan. Hist. Col., pp. 742-745.

V. 5, Kan. Hist. Col., pp. 157, 223.

Connelley 's "Kansas Territorial Governors" (20th Century Classics).

Burgess' Middle Period, pp. 425-427, 444-446.

8 McMaster, pp. 226, 227, 263.

7. Shannon, Wilson —

V. 1 and 2, Kan. Hist. Col., p. 115.

V. 3, Kan. Hist. Col., pp. 279-307.

V. 8, Kan. Hist. Col., pp. 185, 305, 508.

Burgess, pp. 427-444.

8 McMaster, pp. 227, 235, 237. 238, 241, 254, 255, 263.

5 Schouler, 332, 342, 345, 358, 359.

Connelley 's "Kansas Territorial Governors" (20th Century Classics).

8. Geary, John W. —

John H. Gibson's "Gearv and Kansas" (1857).

V. 1 and 2, Kan. Hist. Col., p. 115.

V. 4, Kan. Hist. Col., p. 373.

V. S, Kan. Hist. Col., pp. 305-307, 338, 341, 469, 508.

Burgess' Middle Period, pp. 446, 447.

Connelley 's "Kansas Territorial Governors" (20th Century Classics).

V. 2, Connellev's Kansas and Kansans, pp. 632-649.

8 McMaster, pp. 263, 264, 276.

5 Schouler, pp. 359, 362, 382; 6 Schouler, pp. 364, 452.

9. Stanton, Frederick P. —

V. 1 and 2, Kan. Hist. Col., p. 115.

V. 3, Kan. Hist. Col., p. 338.

V. 5, Kan. Hist. Col., 159.

Connelley 's "Kansas Territorial Governors" (20th Century Classics).

V. 2, Connellev's Kansas and Kansans, pp. 660-665.

Burgess' Middle Period, pp. 461, 462, 467.

8 McMaster, pp. 303, 304, 305.

726 Appendix F.

10. Denver, James W. —

V. 1 and 2, Kan. Hist. Col. p. 115.

V. 3, Kan. Hist. Col., p. 359.

V. 5, Kan. Hist. Col., p. 160.

V. 8, Kan. Hist. Col., pp. 342, 343, 508.

Burgess' Middle Period, pp. 467-469.

Connelley's "Kansas Territorial Governors" (20th Century Classics).

V. 2, Connelley's Kansas and Kansans, pp. 666-66S.

8 McMaster, pp. 405-407.

11. Walker, Robert J. —

V. 1 and 2, Kan. Hist. Col., p. 115.

V. 5, Kan. Hist. Col., pp. 158, 421-430.

V. 8, Kan. Hist. Col., pp. 200, 201, 307, 308, 341, 342, 508.

Connelley's "Kansas Territorial Governors."

V. 2, Connelley's Kansas and Kansans, p. 650 (20th Century

Classics) .
*Burgess' Middle Period, pp. 462-466.
8 McMaster, pp. 303, 304-308.
5 Schouler, pp. 121, 127, 382, 386, 391, 451.

12. Walsh, Hugh Sleight —

V. 1 and 2, Kan. Hist. Col., p. 115.

V. 5, Kan. Hist. Col., pp. 161, 528-623.

V. 8, Kan. Hist. Col., p. 508.

Connelley's "Kansas Territorial Governors" (20th Century Classics).

V. 2, Connelley's Kansas and Kansans, pp. 668, 701-707.

13. Medary, Samuel —

V. 1 and 2, Kan. Hist. Col., p. 115.

V. 5, Kan. Hist. Col., pp. 161, 632.

V. 8, Kan. Hist. Col, pp. 343, 344, 508. •

Connelley's "Kansas Territorial Governors" (20th Century Classics) .

V. 2, Connellev's Kansas and Kansans, pp. 695-707.

8 McMaster, p. 409.

5 Schouler, pp. 424, 449.

14. Beebe, George M. —

V. 1 and 2, Kan. Hist. Col., p. 115.

V. 5, Kan. Hist. Col., p. 162.

V. 8, Kan. Hist. Col., pp. 343, 344, 508.

Connelley"s"Kansas Territorial Governors" (20th Century Classics).

V. 2, Connelley's Kansas and Kansans, p. 706.

6. Delegates to Wyandotte Convention —

1. Personal Data Concerning Delegates to the Wyandotte Convention —

V. 2, Kan. Hist. Col., pp. 47, 48, note 2.

2. Personnel of the Wyandotte Convention —

Bcnj. F. Simpson, 1 and 2 Kan. Hist. Col, p. 236.

3. Delegates to the Wyandotte Convention —

John A. Martin, in "Addresses" (privately printed), July 29, 1882.

4. Hoffman, Samuel E. —

(The only survivor. Still in St. Louis, Januarv, 1920.) V. 10,
Kan. Hi.st. Col, p. 239.

Bibliography. 727

5. KixGMAN, Samuel A. —

Howel Jones, 1906, Annual Meeting of the Kansas State Bar Asso-
ciation, pp. 37-51.
Same, reprinted in v. 9. Kan. Hist. Col., pp. 55-59.
Jos. G. Waters, v. 9, Kan. Hist. Col, pp. 45, 4S-53.

6. Ross, Edmund G. —

Albe B. Whiting, in 12 Kan. Hist. Col., p. 9, note 11.

7. TH.A.CHER, Solon 0. —

Stuart Henrv. in (5 Kan. Hist. Col., pp. 206-219.

Chas. H. Landruin, in 12 Kan. Hist. Col, p. 201, note 30.

Richard Cordlev, in 5 Kan. Hist. Col, pp. 142, 143.

INDEX.

Note. — This index appeared in the pamphlet edition issued by the Gazette. These
numbers are star (*) paging in the margin of this (1920) edition.

Arthur, J. M., a delegate from the county of Linn. His motions: pps. xx, 8, 427.
Burnett, J. C, a delegate from the counties of Bourbon, McGee and Dorn. His motions:

pps. 72, 89, 212, 221, 224, 253, 335, 404, 422.
Blunt, J. G., a delegate from the county of Anderson. His motions: pps. vi, xv, xvi,

xvii, xix, xxxii, xliv, 2, 5, 27, 29, 40, 56, 58. 59, 62, 63, 65, 67, 70, 85, 90, 91, 105,

107, 108, 112, 113, 114, 131, 150, 151, 158, 172, 183, 194, 197, 199, 203, 212,

222, 226, 239, 243, 246, 248, 251, 268, 276, 320. 322, 329, 335, 338, 344, 347,

348, 371, 372, 376, 387, 388, 391, 392, 402, 415.
Brown, Frederick, a delegate from the county of Leavenworth. His motions: pps.

xxxvi, xlv, 49, 58, 109.
Barton, J. T., a delegate from the county of Johnson. His motions: pps. i, 41, 44, 46,

253, 355, 384, 420.
BuRRiS, J. T., a delegate from the county of Johnson. His motions: pps. xiv, 10,

29, 43. 48, 60, 61, 63, 64, 71, 75, 76, 81, 84, 85, 106, 109, 133, 140. 150, 192, 194.

198, 200, 205, 206, 207, 228, 238, 244, 246, 249, 252, 262, 274, ;'.22, 335, 369, 372,

373, 384, 388, 391, 401, 408, 415, 410, 422, 427, 431, 438.
Blood, J., a delegate from the county of Douglas. His motions: pps. 28, 29, 30, 35, 36,

47, 48, 70, 73, 76, 79, 83, 89, 90, 104, 114, 166, 194, 197, 199, 201, 203, 208, 211,

220, 222, 224, 259, 263, 272, 361, 363, 373, 374, 377, 378, 389, 393, 394, 398, 408,

418, 424, 428, 432, 439.
Blood, N. C, a delegate from the county of Douglas. His motions: pps. 91, 356. 417,

427, 428.
Crocker, Allen, a delegate from the counties of Coffey and Woodson. His motions:

pps. 29, 265, 438.
Dutton, W. p., a delegate from the county of Lykins. His motions: pps. 90, 353.
Foster, Robert C, a delegate from the county of Leavenworth. His motions: pps. 7.

56, 152, 169, 180, 195, 217, 362.
FoRMAN, J. W., a delegate from the county of Doniphan. His motions: pps. vii, viii,

8, 44, 50, 117.
Graham, Robert, a delegate from the county of Atchison. His motions: pps. vi, 1, 2,

7, 8, 9, 12, 15, 19, 22, 27, 28, 30, 31, 45, 47, 48, 57, 60, 78, 133, 139, 140, 169.

172, 243, 253, 257, 328, 334, 339, 358, 362, 371, 385, 386, 410.
Greer, John P., a delegate from the county of Shawnee. His motions: pps. v, vi, vii.

xviii, xviii, xix, .xxxvi. 3, 23, 29, 56. 62, 64, 71, 89, 138, 140, 150, 200, 218, 222.

243, 244, 288, 328, 341, 354, 355, 370, 381, 391, 407, 430.
Griffith, W. R., a delegate from the counties of Bourbon. McGee and Dorn. His

motions: pps. i, iii, v, vi, vii, xi, xviii, xxxvii, 3, 6, 22, 47, 51, 87, 89, 90, 137, 214,

242, 255, 275, 293, 342, 375, 383, 401, 423, 426, 427.
HiPPLE, Samuel, a delegate from the county of Leavenworth. His moiions: pps. xi. 11,

73, 75, 76, 91, 203, 249, 252, 292. 322, 385, 391, 392.
Hubbard, E. M., a delegate from the county of Doniphan. His motions: pps. 47, 218,

356.
Hutchinson, William, a delegate from the county of Douglas. Hi.s motions: pps. v,

vi, vii, xvii, xx, 3, 4, 7, 11, 12, 17, 17, 20, 22, 29, 45, 58, 72, 75, 84, 85, 100,

139, 194, 200, 202, 204, 208, 215, 218, 221, 227, 233, 234, 248, 249, 251. 252, 257,

337, 341, 347, 355, 406, 416, 417, 425, 426. 428, 430, 438.

(729)

730 Index.

Haxway, James, a delegate from the' county of Fraukliu. His motions: p. 415.
Hoffman, Samuel E., a delegate from the counties of Coffey and Woodson. His motions:

pps. viii, 8, 11, 49, 192, 195, 196, 227, 229, 233.
Houston, L. B., a delegate from the county of Riley. HLs motions : pps. xii, sliii, xlv,

2, 3, 12, 18, 21, 23, 45, 46, 47, 49, 56, 57, 70, 99, 110, 113, 142, 177, 178, 188,

226, 264, 292, 381, 402, 415.
Ingalls, J. J., a delegate from the county of Atchison. His motions: pps. 20, 23, 47,

138, 194, 195, 208, 221, 224, 235, 260, 261, 268, 293, 319, 321, 340, 344, 349, 353,
354, 355, 376, 381, 382, 387, 392, 407, 415.

Kingman, Samuel A., a delegate from the county of Brown. His motions: pps. v. viii,
xii, xiv, xvi, xxxvi, xlv, 12, 16, 17, 35, 40, 66, 63, 72, 75, 76, 86, 89, 109, 110, 117,

139, 150, 166, 172, 210, 222, 237, 321, 336, 356, 407, 416, 424, 425.

LiLLiE, S. H., a delegate from the counties of Butler, Hunter, Greenwood, Godfrey and
Wilson. His motions: pps. 8, 40, 44, 62, 71, 107, 135, 417, 427.

Lamb, Josiah, a delegate from the county of Linn. His motions: pps. 47, 193.

MiDDLETON, J. A., a delegate from the counties of Marshall and Washington. His motion:
pp. 397.

May, Caleb, a delegate from the county of Atchison. His motions : pps. 56, 58, 68,
408, 425.

McDowell, William C, a delegate from the county of Leavenworth. His motions:
pps. vii, viii, xii, xv, 9, 13, 30, 45, 48, 52, 57, 62, 63, 66, 70, 71, 72, 76, 85, 86, 91,
108, 130, 131, 133, 140, 179, 192, 196. 201, 202, 206, 219, 222, 227, 230, 231, 233,
251, 269, 275, 276, 320, 346, 356, 357, 358, 370, 372, 373, 375, 377, 378, 382, 384,
387, 393, 397, 398, 415, 417, 418, 419, 421, 426, 432, 438.

McCuNE, Adam D., a delegate from the county of Leavenworth. His motion: pp. 77.
McClellan, C. B., a delegate from the county of Jefferson. His motions: pps. viii, xiv,
xliv, 6, 13, 30, 45, 55, 61, 77, 89, 133, 210, 256, 257, 376, 397.

Preston, H. D., a delegate from the county of Shawnee. His motions: pps. 46, 52, 64,

254, 342, 357, 419.
Palmer, Luther R., a delegate from the county of Pottawatomie. His motions: pps.

200, 321.

P.\RKS. Pasc'HAL S.. a delegate from the county of Leavenworth. His motions: pps. xi,
xiii, xxxiii, 26, 29, 50, 62, TO, 131, 155, 205, 229, 233, 287, 348, 349.

Porter, R. J., a delegate from the county of Doniphan. His motions: pps. 27, 44, 62,
70, 199, 252.

Ritchie. John, a delegate from the county of Shawnee. His motions: pps. xi, xii,
xxxii, 7, 8, 61, 62, 68, 85, 99, 104, 205, 226, 265, 289, 290, 375, 390, 391, 438.

Ross, Ed.mund G., a delegate from the counties of Waubonsa, Richardson, Davis, Dickin-
son and Clay. His motions: pps. xviii, xxxi, xxxiii, xxxv, 29, 56, 64, 134, 218, 236,
265, 293, 382, 413, 420.

Slough, John P., a delegate from the county of Leavenworth. His motions: pps. i, iii,
V, vi, vii, ix, x, xi, xiii, xvii, xvii, xviii, xxi, xxxii, xxxiii, xx.xvi, xliii, 7, 10, 11, 22,
30, 36, 37, 40, 44, 47, 48, 49, 57, 61, 64, 65, 66, 67, 68, 69, 70, 71, 73, 75, 84, 85,
86, 87, 88, 90, 104, 105, 106, 108, 109, 113, 114, 117, 118, 132, 174, 178, 195, 196,
200, 201, 202, 205, 208, 222, 226, 227, 230, 233, 234, 235, 236, 246, 247, 248, 249,
251, 252, 255, 258, 260, 263, 266, 267, 271, 275, 293, 334. 342, :U7, 351, 352, 358,
361, 385, 386, 387, 393, 416, 437.

Stinson, Samuel .\., a delegate from the county of Leavenworth. His motions: pps. i, ii,
iii, iv, vii, x, xi, xii, xiv, xxi, xxxi, 10, 11, 12, 13, 22, 36, 45, 48, 49, 50, 56, 57, 58,
59, 62, 63, 64, 65, 69, 70, 71, 75, 76, 85, 88, 91, 105, 107, 109, 117, 131, 132, 170,
172, 174, 192, 193, 194, 195, 196, 207, 218, 219, 222, 229, 233, 246, 248, 260, 261,
263, 265, 267, 269, 288, 292, 319, 320, 322, 342, 346, 347, 351, 356, 361, 362, 368,
3T1, 376, 381, 383, 392, 393, 394, 404, 408, 425, 426, 430, 432, 438.

Stiarwalt, John, a delegate from the county of Doniphan. His motions: pps: ix, 90.
226, 253, 429.

Index. 731

Stokes. Ed., a delegate from the county of Douglas. His motion: pp. 225.

SiMPSOX, B. F., a delegate from the count.v of Lykins. His motions: pps. vi, 110, 209,
210, 410, 427, 429.

Thacher, S. O., a delegate from the county of Douglas. His motions: pps. i, 11, xl, xli,
xix, xxi, 22, 31, 37, 45, 46, 56, 57, 58, 60, 61, 69, 70, 71, 72, 76, 84, 86, 91, 108,
111, 113, 114, 131, 132, 133, 169, 170, 172, 174, 178, 179, 193, 200, 208, 210, 218,
219, 221, 226, 234, 235, 236, 244, 246, 249, 250, 253, 265, 275, 288, 292, 321, 334,
394, 415, 417, 418, 422, 430, 438.

TowxSEND. P. H., a delegate from the county of Douglas. His motions: pps. 85, 177,
208, 354, 427.

AVRKiLEY. B.. a delegate from the county of Doniphan, His motions: pps. xvi, xviii,
.XX, xxxvll, 7, 18, 23, 28, 30, 47, 56, 63, 64, 65, 69, 79, 89, 110, 113, 131, 140, 150,
169, 170, 176, 178, 180. 192, 193, 207, 215, 225, 262, 291, 321, 345, 409.

WRiiiHT, T. S., a delegate from the county of Nemaha. His motion; pp. 108.

WixcHEl.L. .J. M. (president), a delegate from the counties of Osage, Weller, Brecken-
ridge, Morris, Chase and Wise. His motions : pps. Hi, xlv, 12, 12, 16, 17, 22, 27,
28, 29, 50, 52, 56, 60, 64, 65, 91, 113, 151, 189, 205, 206, 207, 208, 211, 238, 243,
247. 248. 251. 368, 389, 415, 425, 429.

ANALYTICAL INDEX TO CONSTITUTION.

COKSTITUTIOX— PAGES

Amendments. (See art. 14. i.on.stituiioii ) 5S7— 088, 643

Convention to make, how called (sec. '2) 588, 643

How made by convention (sec. 2) 588, 643

How made by people direct (sec. 1) 537—588, 643

How pi-oposed by legislature (sec. 1) 587—588, 643

How submitted to people (sees. 1 and 2) 587—588, 643

Number submitted at one election (sec. ] ) 587—588, 643

Publication of proposition (sec. 1) 537—588. 643

Vote on adoption of (sees. 1 and 2 ) 587—588, 643

Tote on callins? convention (sec. 2) 588, 643

Vote on submitting to people (sec. 1 ) 587—588, 643

Apportionment. (See art. 10, consiitutioii ) 585. 633—634

Annotated constitution 033—634

Census preceding year base for new (sec. 2) 585, 633

County, at least one repi'esentative (sec. 1) 585, 633

County, districts, how many (sec. 1) 585, 633

District, in each county, one representative (sec. 1 1 585. 633

First, based on last territorial census (sec. 2) 585. 633

Xew, when and how made (sec. 2 ) 585, 633

Original constitution 585

Article 1. (.See Executive, 16 sees.) 576-578, 605-607

Article 2. (See Legislative, orig. 28 and anno. 30 sees.) 578—580,608-619

Article 3. (See Judicial, 20 sees.) 580-582. 619-625

Article 4. (See Elections, orig. 2 and anno. 5 sees.) 582, 62.5—626

Article 5. (See Suffrage, orig. 7 and anno. 8 sees.) 582—583, 627—628

Article 6. (See Education, 9 sees.) 583-584, 629-631

Article 7. (See Public Institutions. 4 sees.) 584, 631

Article 8. (See Militia, 4 sees.) 584, 631-632

Article 9. (See County and Township Organization, 25 sees.), 584-585, 632-633

Article 10. (See Apportionnn nt, 3 sees. ) 585, 633-634

Article 11. (See Finance and Taxation. 8 sees.) 585-586,634-637

Article 12. (See Corporations. 6 sees.) 586-587, 638-642

Article 13. (See Banks and Currency. 9 sees.) 587, 642-643

Article 14. (See Amendments, 2 sees.) 587—588, 643

Article 15. (See Sliscella neons, orig. 9 and anno. 10 .sees.). . . . 583-589. 643-647

Banks and Cirrency. (See art. 13, constitution) 587, 642-643

Banks established by general law (sec. 1) 587, 642

Banking laws adopted by people (sec. 8) 587, 643

Banking laws amended or repealed (sec. 9) 587. 643

Circulating notes, amount and security ^sec. 2) 587, 642

Circulating notes, denomination, amendment (sec. 7) 643

Circulating notes, denomination, original (sec. 7) 587

Circulating notes, holder of. preferred creditor (sec. 4) 587. 642

Circulating notes, how secured (sees. 2 and 3 ) 587, 64^2

Circulating nol.es, issued, office within state (sec. 6) 587, 642

Circulating notes, kind of security (sec. 2) 587, 642

Circulating notes, ofifices issue, etc., within state (sec. 0) 587, 642

Circulating notes, place, redemption of (sec. 6) 587, 642

Circulating notes, i-edeemed, money of United States (see. 4^ 587, 642

Circulating notes, redeemed within state (sec. 6) 587, 642

(733)

t o-

[ Analytical Index.

PAGES

Bill of Rights (20 sees.) 575-576, 598, 605

Accused, defense of (sec. 10) 576, 601

Aliens' property rights same as citizens (sec. 17) 576, 60-1

Armies, standing, in peace not tolerated (sec. 4) 575, 600

Bail, allowed in what cases (sec. 9) 575, 601

Bail, excessive, not required (sec. 9) 575, 601

Bear arms (sec. 4) 575, 600

Citizens' and aliens' property rights, same (sec. 17) 576, 604

Conviction of treason (sec. 13) 576, 603

Conviction works no corruption of blood (sec. 12) 576, 603

Debt, no imprisonment for (sec. 16) .*■ 576. 604

Equal and inalienable rights Csec. 1) 575, 599

E.state, forfeiture of, forbidden (sec. 12) 576, 603

Evidence of truth in libel (sec. 11) 576, 603

Forfeiture of estate forbidden (sec. 12) 576, 603

Fraud, imprisonment for debt (sec. 16) 576, 604

Habeas corpus, when suspended (sec. 8) 575, 601

Hereditary emoluments, etc., forbidden (sec. 19) 576, 605

Inalienable rights, equal and (sec. 1) 575, 599

Injury to person, reputation, property (sec. 18) 576, 604

Immunities, granted and changed by legislature (sec. 2) 575, 599

Imprisonment for debt (sec. 16) 576, 604

Jury trial, right, inviolate (sec. 5) 575, 600

Justice without delay (sec. 18) 576, 604

Libel, truth in evidence (sec. 11) 576, 603

Liberty, etc., natural rights (sec. 1) 595, 599

Liberty of press, inviolate (sec. 11) 575, 603

Liberty, religious, assured (sec. 7) 575, 600

Life, etc., natural rights (sec. 1) 575, 599

Military power subordinated to civil (sec. 4) 575, 600

Natural rights, life, etc. (sec. 1) 575, 599

People retain powers not delegated (sec. 20) 575, 605

People, right to assemble, etc., peaceably (sec. 3) 575, 600

People, right to consult peaceably (sec. 3) 575, 600

People, right to petition government (sec. 3) 575, 600

People secure in person and property (sec. 15) 576, 603

Power, political, inherent in people (sec. 2) 575, 599

Powers not delegated, in people (sec. 20) 576, 605

Press, liberty of, inviolate (sec. 11) 576, 603

Privileges, special, granted by legislature (sec. 2) 575, 599

Privileges, special, recalled by legislature (sec. 2) 575, 599

Property rights, aliens and citizens, same (sec. 17) 576, 604

Punishment, no cruel or unusual (sec. 9) 575, 601

Pursuit of happiness, natural right (sec. 1) 575, 599

Religious liberty assured (sec. 7) 575, 600

Right to assemble, etc., assured (sec. 3) 575, 600

Right, jury trial, inviolate (sec. 5) 575, 600

Rights, equal and inalienable (sec. 1) 575, 599

Rights of property, aliens and citizens, same (sec. 17) 576, 604

Search and seizure (sec. 15) 576, 603

Slavery prohibited (sec. 6) 575, 600

Soldiers, quartering, in peace (sec. 14) 576, 603

Soldiers, quartering, in war (sec. 14) 576, 603

State never grants hereditary honors, etc (sec. 19) 576, 605

Transportation of persons forbidden (sec. 12) .'i76, 60;i

Treason, conviction of (sec. 13) 576, 603

Treason, what constitutes (sec. 13) 576, 603

Trial, speedy, assured (sec. 10) 576, 601

Warrant issues, probable cause (sec. 15) 576, 603

Analytical Index. 735

PAGES

CoRPORATioxs. (See art. 12, constitution) 586-587, 638-643

Associations, corporations, when (sec. 6) 587, 641

Charitable, do not have individual liability (sec. 2) 586, 639

Cities, etc., how organized (sec. 5) 587, 641

"Corporations" includes what (sec. 6) 587, 641

"Corporations" sue and sued in corporate name (sec. 6) 587, 641

Created only by general law (sec. 1) 586, 638

Credits, etc., cities, etc., restricted (sec. 5) 587, 641

Double liability amended (sec. 2) 639

Double liability upon stockholders (sec. 2, orig.) 586

Individual liability, not include railroads, etc. (sec. 2) 586, 639

Individual liability, not embrace religious or charitable (sec. 2) 586, 639

Joint stock companies, when corporations (sec. 6) 587, 641

Laws creating corporations, amended or repealed (sec. 1) 586, 638

Members, religious, elect trustees (sec. 3) 586, 640

Organization of cities, etc. (see. 5) 587, 641

Powers, corporate, not granted by special law (sec. 1) 586, 638

Property, religious, title in trustees (sec. 3) 586, 640

Railroads, no individual liability (sec. 2) 576, 639

Religious, no individual liability (sec. 2) o86, 639

Religious property, title in trustees (sec. 3) 586, 640

Revenue and credits, cities restricted (sec. 5) 587, 641

Right of way paid for, irrespective benefit (sec. 3) 586, 640

Stockholders' liability limited, face of stock (sec. 2, amend.) 639

Title, property religious, in trustees (sec. 3) 586, 640

Trustees elected by members of religious (sec. 3) 586, 640

Trustees, title to property of religious (sec. 3) 586, 640

County and Township Organiz.\tion. (See art. 9, constitution), 584-585. 632-633

Area of county, minimum (sec. 1) 584, 632

Changing county lines by legislature (sec. 1) 584, 632

County area, minimum (sec. 1) 584. 632

County commissioners, term (sec. 3). . See sec. 7, art. 4. . . . 585. 625-626, 633

County lines, changing by legislature (sec. 1) 584, 632

County officers' term, two years (sec. 3). See sec. 2, art. 4. . 585, 625-62671, 633n

County seat changed, majority county electors (sec. 1) 584, 632

County seat location by legi-slature (sec. 1) 584, 632

County and township officers removed, how (sec. 5) 585, 633

Electors change county seat, majority of (sec. 1) -384, 632

Justices peace, excepted, term one year (sec. 4) 585, 633

Justices peace, term made two years (see sec. 2, art 4) 625—626

Legislature, changing county lines (sec. 1) 584, 632

Legislature, necessary county officers (sec. 2) 585, 632

Legislature, locating county seats (sec. 1) 584, 632

Legislature, necessary township officers (sec. 2) 585, 632

Legislature, organization new counties (sec. 1) 584, 632

Location county seats by legislature (sec. 1) 584—632

Majority county electors change county seat (sec. 1) 584—632

Officers, legislature, necessary county (sec. 2) 585, 632

Officers, legislature, necessary township (sec. 2) 585, 632

Officers' term two years, county (sec. 3). See sec. 2, art. 4. . 585, 625— 626w,633n

Organization of new counties (sec. 1) 584, 632

Removal, county and township officers (sec. 5) 585, 633

Sees. 3 and 4, art. 9, amended 1876, eliminated 1904 62.5-626, 633

Sheriff and treasurer, two consecutive terms, limited (sec. 3) 585, 633

Term of county officers, two years (see sec. 2, art. 4) 585, 625—626

Term, township officers, justices peace excepted (sec. 4) 585, 633

Township officers, county and, how removed (sec. 5) 585, 633

Township officers, justices excepted, term (sec. 4) 585, 633

Township officers, legislature, necessary (sec. 2) 585, 632

Treasurer and sheriff, two consecutive terms (sec. 3) 585, 632

736 Analytical Lxdkx.

PAGES

Edccatiox. (See art. 6. con^titulion ) .)33-5.S4. 619, 629-631

Collegiate schools (see. 2) 583, 629

Common school funds, supervision of (sec. 1) 583, 629

Common schools, uniform system (sec. 2) 583, 629

Control common school funds, nonseetarian (sec. 8) 584, 631

County common-school fund, constituted (see. 6) 583, 630

County superintendent elected, every county (sec, 1) 583. 629

County suiJerintendents, terms, duties, compensation (sec. 1) 583, 629

Disbursement income school fund annually, how (sec. 4) 583, 630

Disbursement income school fund annually, by whom (sec. 4) 583, 630

Disbursement income school fund annually, to whom (sec. 4) 583, 630

Disposal of school lands (sec. 5) 583, 630

Establishment State f niversity (sec. 7) 583, 630

Estrays, county school fund (sec. 6) 583. 630

Exemption money, military duty, county school funds (sec. 6) 583, 630

Fines, breach, penal laws, county school fund (sec. 6) 583, 630

Interests, educational, supervision of (sec. 1) 583, 629

Interest on "University fund," alone used (sec. 7) 583, 630

Lease, school lands, term and rate (sec. 5) 583, 630

Military exemption, money, county school fund (sec. 5) 583, 630

Money, exemption military duty, county school fund (sec. 6) 583, 630

Nonseetarian control common-school, etc., funds (sec. 8) 584. 631

Xormal schools (sec. 2) 583, 629

Preparatory schools (sec. 2) 583, 629

School funds, how constituted (sec. 3) 583, 629

School funds, perpetual, not diminished (sec. 3) 583, 629

School funds, sold, vote of people (sec. 5) 583, 630

State institutions, permanent tax, support (sec. 30, art. 3) 619

State school fund counnission (sec. 9) 584. 631

State school fund, managed and invested (sec. 9) 584, 631

State superintendent, powers and duties (sec. 1) 583, 629

State University establishment and support (sec. 7) 583, 630

Support of common schools, proceeds of funds (sec. 3) 583, 629

Support of State University (sec. 7) 583, 630

System of common schools, uniform (sec. 2) 583, 629

System of higher grade schools (sec. 2) 583, 629

Tax, permanent, support state institutions (sec. 30. art. ■J)n 619

University, State (sec. 2) 583. 629

Elections. (See art. 4, i-onstitution) 582. 625-626

Ballot, by people (sec. 1) 582, 625

Biennial, date (sec. 2) 582, 625-626

(xeneral and township, biennial, date (sec. 2) 582, 625-626

Legislature, vica voce (sec. 1 ) 582, 625

Manner and time of conducting recall election (sees. 4 and 5) 626

Manner of securing recall election (sec. 4) 626

Officer, public, sub.iect to recall (sec, 3) 626

People, by ballot (sec. 1) 582, 625

Petition for recall election, requirements (sec. 4) 626

Proclamation for recall election (sec. 4) 626

Reasons recall stated, petition and pi-oclamatiou (see. 4> 626

Recall ballot, form (see. 5) 626

Recall not excluded, other remedies (sec. 3) 626

Recall, one remedy to remove ofticers (sec. 3) 626

Remedy against officer, recall (sec. 3) 626

Vacancy created by recall, filled (sec. 5) 626

Viva voce by legislature (sec. 1 ) 582, 625

EXECITIVE. (See art. 1, constitution) 576-578, 605-607

Ad.iournment of legislature by governor (see. (J) 577, 606

Canvass of election returns (sec. 2 ) 576—577, 606

Commissions issued, "Great Seal" attached (sec. 9) 577, 607

Analytical Index. 737

EvKCiTlVJi — continued . pages

Commissions issued, name of state, grovei'uor signs (sec. 9) 577, 607

Commissions issued, secretary of state countersigns (sec. 9) 577, 607

Communication, written, governor to legislature (sec. 5) 577, 606

Compensation executive oflBcers neither increased nor diminished (sec.

15) 578, 607

Composition, state board canvassers (sec. 2) 57.5-577, 606

Department officers' report to governoi-, when (sec. IG) 578, 607

Duties of state board of canvassers (sec. 2) 576-577, 606

Election of officers, canvass (sec. 2) 576, 577, 606

Execution of laws, governor (sec. 3) 577, 606

Executive power vested in governor, supreme (sec. 3) 577, 606

Governor, adjourns legislature, when, how long (sec. 6) 577, 606

Governor, commissions, all signed by (sec. 9) 577, 607

Governor, execution of laws (sec. 3) 577, 606

Governor, information from executive officers (sec. 4) 577, 606

Governor, keeper of "Great Seal" (sec. 8) 577, 607

Governor, legislature in special session convenes (sec. 5) 577, 606

Governor, member of Congress cannot be (sec. 10) 577, 607

(iovernor, not any other officer of state (exceptions, sees. 11. 12 and

13) (sec. 10) 577, 607

Governor, pardon power ( sec. 7 ) 577, 606

Governor, power, vested with supreme executive (sec. ") 577. 606

Governor, reports departments, etc.. legislature, transmitted (see. 16), 578, 607

(Jovernor, vacancy in certain offices (sec. 14) 577-578, 607

"Great Seal" attached to all commissions (sec. 9) 577, 607

"Great Seal," governor keeper (sec. 8) 577, 607

Gubernatorial succession (sees. 11, 12 and 13) 577, 607

Information, executive officers, governor commands (sec. 4) 577, 606

Legislature adjourned by governor (sec. 6) 577, 606

Legislature convened by governor (sec. 5) 577, 606

Legislature, joint ballot, determines tie vote state office (sec. 2). . 576—577, 606

Lieutenant governor president of senate, votes (sec. 12) 577, 607

Member of Congress, not governor (sec. 10) 577, 607

Members of executive department, how chosen (sec. 1) 576, 605

Members of executive department, officers (sec. 1) 576, 605

Messages to legislature from governor (see. 5) 577, 606

Officer of United States, not governor (see. 10) 577, 607

Officers (executive) receive compensation, unchanged during tei-m (sec.

15) 578, 607

Officers, members of department (sec. 1 ) 576, 605

Officers, etc., report governor (sec. 16) 578, 607

Pardon power lodged with governor (sec. 7) 577, 606

President pro tempore, chosen by senate (sec. 12) 577, 607

President senate succeeds to governorship (sec. 11) 577. 607

President senate (pro tern.) becomes governor (sec. 13) 577, 607

Recommendation, governor in writing to legislature (sec. 5) 577, 606

Secretary of state countersigns commissions (sec. 9) 577, 607

Session legislature convened by governor (sec. 5) 577, 606

Speaker house of representatives, governor (sec. 13) 577, 607

State canvassers how con.stituted, duties, board (sec. 2) 575-577, 606

State institution officers report governor (see. 16) 578, 607

State officer chosen by legi.sl.'iture, tie vote (sec. 2) 576—577, 606

Supreme executive power vested, governor (sec. 3) 577, 605

Term of office, two years (sec. 1 ) 576, 60S

Tie for state office, legislature chooses (sec. 2) 576-577, 606

Vacancy, attorney-general, filled (sec. 14) 577-578, 607

Vacancy, auditor, filled (sec. 14) 577-578. 607

Vacancy, governorship, how filled (sec. 11 ) 577—607

47 — 778

'38 Analytical Index.

ExECTTivE — concluded. pages

Vacancy, secretarj- of state, filled (sec. 14) 577—578, 607

Vacancy, superintendent instruction, filled (sec. 14) 577—578, 607

Vacancy, treasurer, filled (sec. 14) 577—578, 607

Finance and Taxation. (See art 11, constitution) 585-586, 634-637

Amount for which public debt contracted (sec. 5) 586, 637

Annual tax to pay public debt (sec. 5) 586, 637

Assessment and taxation rate uniform and equal (sec. 1) 585, 634

Assets of banks and bankers taxed (sec. 2) 535-586, 636

Banking property, equal, taxation, burden (sec. 2) 585-586, 636

Banks and bankers, all assets taxed (sec. 2) 585-586, 636

Benevolent and charitable property exempt, taxation (sec. 1) 585, 634

County property exempt from taxation (sec. 1) 585, 634

Debt, annual tax appropriated to pay (sec. 5) 586, 637

Educational body's property exempt taxation (sec. 1) 585, 634

Expenses (extraordinary), ground for public debt (sec. 5) 586, 637

Expenses for two years, legislature provides revenue, current, (sec. 3,

amended) 636

Expenses, yearly, legislature provided revenue, current (sec. 3, orig.), 586

Improvements (public) ground creating public debt (sec. 3) 586, 637

Law creating debt ratified by people (sec. 6) 586, 637

Legislature after popular affirmative vote creates debt (sec. 6) 586, 637

Legislature, proceedings to contract public debt (sec. 5) 586, 637

Legislature provided revenue, current expenses yearly (sec. 3, orig.) . . 586

Legislature provides revenue, current expenses two years (sec. 3,

amend.) 636

Legislature provides taxing assets, banks and bankers (sec. 2). . . 585—586, 636

Literary society's property exempt, taxation (sec. 1) 585, 634

Municipality property exempt, taxation (sec. 1) 585, 634

Notes and bills, banks and bankers, taxed (sec. 2) 585—586, 636

Object, levied tax applied to (sec. 4) 586, 636

Property, certain purposes exempt taxation (sec. 1) 585. 634

Public debt, purposes, amount, requirements (sec. 5) 586, 637

Purposes, public debt contracted (sec. 5) 586, 637

Rate of assessment and taxation (sec. 1) 585, 634

Religious society property exempt from taxation (sec. 1 ) 585, 634

Revenue, current expenses, two years, legislature provides (sec. 3,

amend.) 586

Revenue, current expenses yearly, legislature provided (sec. 3, orig.) . . 586

Requirements, law levying tax (sec. 4) 586, 636

Scientific society property exempt, taxation (sec. 1) 585, 634

State borrows money, what purposes (sec. 7) 586, 637

State contracts debt for what, amount, etc. (sec. 5) 586, 637

State property exempt, taxation (sec. 1) 586, 634

State shall not engage in internal improvements (sec. 8) 586, 637

Tax applied to object for which levied (sec. 4) 586, 636

Tax levied pursuant to law (sec. 4) 586, 636

Taxation, certain property, exempted (sec. 1) 585, 634

Taxation rate, legislature, assessment (sec. 1) 585, 634

Taxes not postponed or diminished (sec. 5) 586, 637

-TtrciCiAL. (See art. 3, constitution) 580-582, 619-625

Appeals, probate and justice, to district court (sec. 10) 581, 623

.\ppellate jurisdiction provided by law (sec. 3) 580, 620

Bar elect district judge pro tern, when (sec. 20) 582, 625

Chief justice and associates constituted supreme court (sec. 2, orig.).. 580

Chief justice elected by people (sec. 2, orig.) 580

Chief justice is senior justice (sec. 2, amend.) 620

Clerk district court elected, every organized county (sec. 7) 581, 622

Clerk district court, term, duties (sec. 7) 581, 622

Analytical Index. 739

Judicial — continued. pages

Clerk supreme court appointed by justices (sec. 4) 580. 621

Composition supreme court wa.? chief justice and two associates (sec. 2,

orig. ) 580

Composition of supreme court is seven justices (sec. 2, amend.) 620

County, clerk district court elected, organi2ed (sec. 7) 581, 622

County probate court, court of record (sec. 8) 581, 622

Courts inferior, supreme court created, how (sec. 1) 580, 619

Courts of record authenticate process, seal (sec. 1) 580, 619

District court held where and when (sec. 5) 581, 621

District courts, appeals, probate and justices' courts (sec. 10) 581,623

District courts, jurisdiction within respective districts (sec. 6) 581, 621

District courts, power inferior supreme court (sec. 1) 580, 619

Division, supreme court determines cases (sec. 2, amend.) 620

Electors, state, choose members supreme court (sec. 2) 580, 620

Governor fills vacancy, judicial office, etc. (sec. 11} 581, 623

Increase number of districts (sec. 14) 581, 624

Judge (district), elected by people (sec. 5) 580-581, 621

Judge holds probate court (sec. 8) 581, 622

Judge j)ro tern elected by district bar (sec. 20) 582, 625

Judges, courts of record, jurisdiction at chambers (sec. 16) 581—624

Judicial districts increased in number (sec. 14) 581, 624

Judicial officers hold until successors qualify (sec. 12) 581, 623

Judicial officers resident, where (sec. 11) 581, 623

Judicial power in supreme and inferior courts (sec. 1) 580, 619

Jurisdiction, supreme court, co-extensive with state (sec. 3) 580, 620

Justices and judges, fees, etc. (sec. 13) 581, 624

Justices' courts, to district court, appeals, probate and (sec. 10) 581, 623

Justices' jurisdiction at chambers (sec. 16) 581, 624

Justices of peace, number, election, etc. (sec. 9) 581, 623

Justices of peace, inferior to supreme court (sec. 1) 580. 619

Justices supreme court and district judges removed, etc. (sec. 15) .... 581, 624

Justices supreme court and district judges, compensation, etc. (sec. 13), 581, 624

Justices supreme court, seven (sec. 2, amend.) 620

Justices supreme court were two and a chief (sec. 2, orig.) 580

Legislature provides for probate judge pro tern. (sec. 8, amend.) 622

Members supreme court chosen by people (sec. 2) 580, 620

New or unorganized counties attached, where (sec. 19) 582, 625

Original jurisdiction, supreme court, habeas corpus (sec. 3) 580, 620

Original jurisdiction, supreme court, quo warranto, etc. (sec. 3) 580,620

Power vested in supreme court and inferior courts (sec. 1) 580, 619

Presiding judge, division supreme court, senior (sec. 2, amend.) 620

Probate court consists of one judge, chosen by people (sec. 8) 581, 622

Probate courts, inferior to supreme court (sec. 1) 580, 619

Probate judge tva« own clerk (sec. 8, orig.) 581

Probate and justices' courts appeals, district court (sec. 10) 581, 623

Probate jurisdiction, estates deceased persons, etc. (sec. 8) 581, 622

Process, courts of record authenticated under seal (sec. 1) 580, 619

Process, "The State of Kansas" style of all (sec. 17) 581, 624

Quorum of supreme court (sec. 2, amend.) 620

Quorum of supreme court (sec. 2, orig.) 580

Quorum of each division supreme court (sec. 2, amend.) 620

Reporter supreme court appointed by justices (sec. 4) 5S0. 621

Seals, process, courts record authenticated under (sec. 1) 580, 619

Senior justice, chief justice (sec. 2, amend.) 620

State divided into judicial districts (sec. 5) 580, 621

Style of all process, "The State of Kansas" (sec. 17) 581, 624

Successors qualify, judicial officers hold until (sec. 12) 581, 623

Supreme court may sit in two divisions (sec. 2, amend.) 620

740 Analytical Index.

Jluicial — cotu'luilefl. pages

Supreme court, superinr to otlu-r courts (^sec. 1 ) 580, 610

Term, supreme court justices, six years (sec. 2) 580, 620

Term, supreme court, annua! (sec. 3) 580, 620

Terms of supreme court, other (sec. 3) 580, 620

Territory, first judicial district a))portionment (sec. 18) 582,625

"The State of Kansas" style of all process (sec. 17) 581, 624

Vacancy judicial office, sovernor's aijpointment (sec. 11) 581. 623

Legislative. (See art. 2, constitution) 578-580, 608, 619

Acceptance, United States office vacates legislative seat (sec. 5) 578, 609

Acceptance, election Congress vacates legislative seat (sec. 5) 578, 609

-Vdjournment legislature as veto (sec. 14) 579, 610

.Vdjournment legislature, how long (sec. 10) 578—579

Amendment of law, how made (sec. 16) 579, 611

Appropriation is for two years (sec. 24, amend.) 617

Appropriation was for one year (sec. 24. orig.) 580, 618u

Bill, law enacted only by (sec. 20) 579, 617

Bill or joint resolution sent to governor (sec. 14) 580, 610

Bills originate in either house (sec. 12, amend.) 610

Bills originated in house of representatives (sec. 12, orig.) 579, 610»

Bills, subjects and titles (sec. 16) 579, 611

Capital, sessions legislature held state (sec. 25) 580, 618

Census, legislature provides for decennial (sec. 26) 580, 618

(Compensation, legislator, gross amount, regular, special session (sec. 3), 578, 609

Compensation, mileage and per diem, legislators (sec. 3) 578, 609

Conviction, embezzlement o-r misuse public funds disqualifies legislatoi'

(sec. 6) 578, 609

County, representation in house, organized (sec. 2, amend.) 609

County tribunals' powers granted by legislature (sec. 21) 579, 617

County, voting population, one representative (sec. 2, amend.) 609

Courts decide when law is special (sec. 17, amend.) 614

Divorce power vested in district courts (sec. 18) 579, 616

selector and resident of county or district, legislator (sec. 4) 578, 6U9

p]mergencies declared, how (sec. 16) 579, 611

Enacting clause of laws (sec. 20) 579, 617

Enactment of law by bill (sec. 20) 579, 617

Governor may veto appropriation bills by items (sec. 14, amend.) 611

Governor signs or vetoes bills (sec. 14) 579, 610

Governor's retention as signing (sec. 14) 579, 610

House and senate, supreme legislative power (sec. 1) 578, 609

House establishes own rules, each (sec. 8) 578, 609

House, judge election, etc., own members, each (sec. 8) 578, 609

Impeachment, house; trial and conviction, senate (sec. 27) 580, 618

Institutions, levy permanent, state education (sec. 30) 619

•lournal kept and published by each house (sec. 10) 578-579, 610

Journal of proceedings, each house keeps and publishes (sec. 10) . . 573—579, 610

Journal, yeas and nays entered on (sec. 10) 578-579, 610

Law enacted by bill (sec. 20) 579, 61 7

Law, how amended oi- revived (sec. 16) 579, 611

Law is special, courts decide when (sec. 17, amend.) 614

Law.s, general, have uniform operation (sec. 17) 579, 614

Laws, special, enacted when (sec. 17) 579, 614

Legislative power vested in house and senate (sec. 1) 579, 609

Legislator may protest, proceedings (sec. 11 ) 580, 610

Legislators' privileges (sec. 22) 579-580, 617

Legislature may levy permanent tax educational institutions (sec. 30) . . 619

I.iegislature forbidden school discrimination between sexes (sec. 23)... 580,617
Legislature grants county tribunals powers (sec. 21) 579, 617

AXALYTICAL InDEX. 741

Legislative — concluded. pages

Legislature provides election, appointment officers (sec. 19) 579, 616

Legislature provides for decennial census (sec. 26) 580, 618

Legislature provides for filling vacancies (see. 19) 579, 616

Majority each house, quorum (sec. 8) 578, 609

Member of Congress ineligible to legislature (sec. 5) .">78, 609

Member of legislature, elector and resident (sec. 4) 578, 609

Money paid on specific appropriation only (sec. 24) 580, 617

Officer of United States ineligible to legislature (sec. 5) 578, 609

Officers, oath or affirmation (sec. 7) 578, 609

Officers subject to impeachment, etc., constitutional (sec. 28) 580, 618

Operation general laws uniform (sec. 17) 579, 614

Person convicted embezzlement, public funds, disqualified (sec. 6).... 578,609

Power of impeachment, house of representatives (sec. 27) 580, 618

Powers gra^nted county tribunals by legislature (sec. 21) 579, 617

Privileges of legislators (sec. 22) 579—580. 617

Publication of general laws, effect (sec. 19) 579. 616

Quorum each house, a majority (sec. 8) 578, 609

Reading bills, both houses, proceedings (sec. 15) 579, 611

Reading bills by sections, both houses (sec. 16) 579, 611

Representatives after first legislatui-e, number limited (sec. 2, orig.), 578, 609n

Representatives in first legislature, uiimber, term (sec. 2. orig.) 578, 609?i

Representatives, number fixed by law, limited 125 (see. 2, amend.) .... 609

Resident county or district from which elected, legislator (sec. 4) 578, 609

Revival of law, how made (sec. 16) 579, 611

School discrimination between sexes forbidden legislature (sec. 23)... 580.617

Senators after first election, number (sec. 2. orig.) 578, 609h

Senators in first senate, number, term (sec. 2, orig.) 578, 609?i

Senators, number fixed by law. limited 40 (sec. 2, amend.) 609

Senate and house, supreme legislative power (sec. 1) 578, 609

Senate tries impeachment, convicts by two-thirds senators elected (sec.

27) 580, 618

Sessions are bienniaUj/. odd-numbered years, regular, sec. 25, amend.), 618

Sessions legislature held at state capital (sec. 25) 580, 618

Sessions ivere annitaUy second Tuesday of January, regular (sec. 25,

orig.) 580

Sexes forbidden legislature, school discrimination between (sec. 23) . . 580, 617

State officers, oath or affirmation taken (sec. 7) 578, 609

Subjects and titles of bills (see. 16) 579, 611

Time laws go into effect, publication (sec. 19) 579. 616

Titles of bills, subjects and (sec. 16) 579, 611

Vacancy in legislature, filled by election (sec, 9) 578. 609

Veto of bill by governor (sec. 14) 579, 610

Vote sending bills to governor (sec. 13) 579, 610

Year, representatives' term two years, elected even numbered (sec 29), 618

Year, senators' term four years, elected even-numbered (see. 29) 618

Yeas and nays entered on journal (sec. 10) 578—579, 610

Militia. (See art. 8, constitution) 584. 631-632

"Calling out" (sec. 4) 584. 632

Commission, etc., of officers (sec. 3) 584. 632

Composition of militia is (sec. 1, amend.) 632

Composition of militia was (sec. 1, orig.) 584, 632n

Conscience, scruples of (sec. 1) 56-1, 631—632

Governor commander-in-chief (sec. 4) 584. 632

Legislature organizes, equips and disciplines, limitation (sec. 2).. 584,631-632

Officers commissioned, etc. (sec. 3) 584, 632

Organization, etc., legislature with limitation (sec. 2) 584, 631-632

Power of governor over (sec. 4) 584, 632

Scruples of conscience, exempts (sec. 1) 584. 631-632

'42

Analytical Index.

PAGES

Miscellaneous. (See art. 15, constitution) 588-589, 643—647

Accounts published (sec. 5) 588, 644

Capital, permanent (sec. 8) 588, 645

Capital, temporary (sec. 8) 588, 645

Homestead clause (sec. 9) 588-589, 645 and note

Liquors, prohibition on intoxicating (see. 10) 647

Lotteries prohibited (sec. 3) ^.. 588, 644

Manufacture and sale of intoxicating liquors (sec. 10) 647

Minors, mother's rights in (sec. 6) ' 588, 644—645

Officer, salary reduced, when (sec. 7) 588, 645

Office, tenure of (sec. 2) 588, 644

Officers provided by constitution or statute (sec. 1) 588, 643

Printing, state printer, elected by legislature (sec. 4, first amend.)... 644n

Printing, state printer, elected by people (sec. 4, second amend.) 644

Printing was by contract, public (sec. 4, orig.) 588, 644ii

"Prohibition" intoxicating liquors (sec. 10) 647

Property, women's rights concerning (sec. 6) 588, 644—645

Publication of accounts (sec. 5) 588, 644

Rights of ■women assured (sec. 6) 588, 644—645

Salary of officer reduced (sec. 7) 588, 645

Tenure of office (sec. 2) 588, 644

Women assured, rights of (see. 6) 588, 644—645

Ordinance (8 sees ) 574-575, 597-598

Assertion Kansas' taxing-power ("Whereas," No. 2) 574, 597

Buildings (public) thirty-six sections land (sec. 3) 574, 598

Common school fund, 5 per cent land sales (see. 6) 574, 598

Common school support (sec. 7) 574, 578

Congress grants sections 16 and 36 (sec. 1) 574, 597

Half million acres, support common schools (sec. 7) 574, 578

Institutions, certain, seventy-two sections (see. 4) 574, 598

Recognition government ownership, lands ("Whereas," No. 1) 574,597

Relinquishment Kansas' taxing power, proviso 574, 597

Schools, sections 16 and 36, lands, common (sec. 1 ) 574, 597

Selection, lands granted state (sec. 8) 575, 598

University (State), seventy-two sections laud (see. 2) 574, 598

Works (ptiblic improvement), salt springs, etc. (sec. 5) 574,598

Preamble (one paragraph) 575, 598

Adoption of constitution, formal 575. 598

Boundaries of state 575, 598

Public In.stitutioxs. (See art. 7, constitution) 584, 631

Aged cared for by own county (sec. 4) 584, 631

Blind, institutions for (sec. 1) 584, 631

County cares for own aged, infirm, etc. (sec. 4) 584, 631

Deaf and dumb, institutions for (sec. 1) 584, 631

Directors penitentiary, by law (sec. 2) . . 584, 631

Governor appoints, senate approves, trustees (sec. 1) . 584, 631

Governor fills vacancy any office (sec. 3) 584, 631

Infirm cared for by own county (sec. 4) 584, 631

Insane, institutions (sec. 1) 584, 631

Institutions, benevolent, state supports (sec. 1) 584, 631

Penitentiary established, directors (sec. 2) 584, 631

Senate approves the appointment of trustees (sec. 1) 584, 631

Trustees appointed, governor (sec. 1) 584, 631

Unfortunates cared for, own county (sec. 4) 584, 631

Vacancy in office, filled (sec. 3) 584, 631

ReSOLUTIOMS (seven in number) 591-592, 651

Admission desired by people of Kansas (resolve 6) 591, 651

Assumption territory' debt by Congress (resolve 7) 592, 651

AXALYTICAL IXDEX. 743

RESOLrTIOXS concluded. PAGES

Granting swamp-lands, common schools (resolve 3) 591, 651

Guarantj preemption settlers' rights, state lands (resolve 5) 591, 651

Land grant, improvement Kansas river, Fort Riley (resolve 2) 591, 651

Land grant, aid to raikoads, etc. (resolve 1) 591, 651

Payment commissioners' award, law 1859 (resolve 4) 591, 651

Schedule (25 sees.) 589-591, 647-650

Admission of state proclaimed, etc., governor (sec. 23) 591, 650

Authenticated copies proclamation, Washington (sec. 22) 591, 650

Bonds, territory, etc., to state, etc. •(sec. 2) 589, 648

Canvass of votes — transcript (sec. 19) 590, 650

Change in government leaves rights, etc. (sec. 1) 589, 648

Counting the vote (sec. 17) 590, 649

County lines unchanged by first legislature (sec. 24) 591, 650

Court records and documents (sec. 7) 589, 648

Effect of change of government (sec. 1) 589—648

Election officers and oaths (sees. 13 and 14) 590, 649

Pines, penalties, etc., inure state or county (sec. 2) 589, 648

First election of officers, etc. (sec. 11) 589-590, 649

Governor uses private seal for "Great Seal" (sec. 5) 589, 648

"Homestead" voted separately (sec. 25) 591, 650

Manner of voting (sec. 10) 589, 649

Persons qualified to vote (sec. 12) 590, 649

Polls open, when (sec. 15) 590, 649

Poll books (sec. 16) 590, 649

Poll books and tally lists (sec. 18) 590, 649-650

Proclamation of result (sec. 21) 591, 650

Ratification or rejection of constitution (see. 9) 589, 649

State canvassing board (sec. 20) 590-591, 650

State officers keep offices, state capital (sec. 6) 589, 648

Suits and proceedings (sec. 8) 589, 648-649

Territorial laws continue state laws (sec. 4) 589, 648

Territorial officers continue state officers (sec. 3) 589, 648

Si'FFRAGE. (See art. 5, constitution) 582-583. 627-628

Absentees, certain occupations vote (sec. 2, amend.) 628

Bribery disqualifies from holding office (sec. 6) 582, 628

Duelling, ineligibility to office (sec. 5) 582, 628

Elector is "V. S. citizen'' (sec. 1, amend.) 627

Electors' privileges attending election (sec. 7) 583, 628

Elector was "white," "male," "declared intention," "U. S. citizen"

(sec. 1, orig.) 582, 627ji

Occupations may not affect suffrage right (sec. 3, amend.) 628

Persons excluded from voting (sec. 2. amend.) 627

Persons excluded from voting (sec. 2, orig.) 582, 627n

Persons acquiring, losing residence or vote (sec. 3, amend.) 628

Persons not acquiring residence or vote (sec. 3, orig.) 582, 628?!

Proofs of right of suffrage (sec. 4) 582, 628

Suffrage not abridged because of sex (sec. 8, added) 628

GENERAL INDEX.

^- PAGES

"Added to the Stars" 672

Addresses —

Reeves, Nebraska 205-212

Taylor, Nebraska 212-219, 239-240

Adjournment sine die 573

Adopted constitution 574-592

Adoption of constitution, popular vote 671

Adoption of homestead clause, popular vote 671

Affiliations, political. (See "members, etc.")
Ages of members. (See "members, etc.")

Amendments — Debates on Article 14 270, 307-308, 512, 554

Amendments Proposed —

Constitutional convention proposals table 4. 494: table 5, 595 : 596

Pending, table 2, "Appendix A" 594. 596

Classifications of propertj- for taxation, chap. 335, Laws of 1919 594

Farm homes, state aid for purchasing (see "state aid, etc.," this title).
Homes, state aid for purchasing farm (see "state aid, etc.," this title).
Propertj' for taxation, classification of (see "classification of property,

etc.," this title).
Road building, state engages in (see "state engages, etc.," this title).

State aid for purchasing farm homes, chap. 331, Laws of 1919 594

State engages in road building, chap. 331, Laws of 1919 594

Taxation, classification of property for (see "classification, etc.," this
title).

Popular vote on table 3, 594 ; table 5, 595 ; 596

Rejected (see "Appendix A") table 3, 594 ; table 5, 595 ; 596

Amendments to the Constitution —

Adopted, table 1, "AppendLN; A," 593-594; table 5, 595: 596; notes to

various sections amended.
Aliens, property rights (see "property rights, etc.," this title).
Bank notes, denomination, No. 1, table 1, 593; No. 1, table 5, 595; 596;

note sec. 7, art. 13, 643.
Bill of Rights, No. 12, table 1. 593 ; No. 18, table 5, 595 ; 596 ; note sec. 17

B. of R., 604.
Bills, origin of (see "origin, etc.," this title).
Bills, signing of (see "signing, etc.," this title).
Citizens, property rights (see "property rights, etc.," this title).
County officers, election (see "election, etc.," this title).
Denomination, bank notes (see "bank notes, etc.," this title).
Disqualification, electors (see "electors, etc.," this title).
Education, permanent income for (see "income, etc.," this title).
Election, county officers. No. 11, table 1, 593; No. 16, table 1, 593; No. 13.

table 5, 595; No. 26, table 5, 595; 596; notes to former sees. 3 and 4.

art. 9, 633: notes to sec. 2, art. 4, 626.
Elections, general and township (see "elections, etc.," this title).
Elections, general and township. No. 16, table 1, 593; No. 26. table 5, 595:

596; note, sec. 2. art. 4. 626.
Electors disqualified. No. 4. table 1. 593: No. 4, table 5. 595: 596: note, sec.

2, art. 5. 627-628.
Electors, qualifications of (see "qualifications" this title).
General laws (see "uniform general, etc.," this title).
General and township elections (see "elections, etc.." this title).

(745)

746 General Index.

Amendments to the Coxstitutiox — concluded.

Income, permanent educational, No. 24, table 1, 593; No. 38, table 5, 595;

596; note, sec. 30, art. 2, 619.
Legislature elects state printer, No. 5, table 1, 593 ; No. 18, table 1, 593 ;

No. 7, table 5, 595; No. 28, table 5, 595; 596; note to sec. 4, art. 15. 644.
Legislature, sessions of (see "sessions legislature," this title).
Legislators' terms, No. 8, table 1, 593; No. 10, table 5, 595; 596; note,

sec. 29, art. 2, 618.
Liability of stockholders, No. 20, table 1, 593; No. 30, table 5, 595; 596;

note, sec. 2, art. 12, 639.
Liquors, prohibition, intoxicating (see "prohibition, etc.." this title).
Militia, No. 14, table 1, 593; No: 19, table 5, 595; 596; note, sec. 1, art.

8, 632.
Number of senators and representatives. No. 6, table 1, 593 ; No. 8, table 5,

595; 596; sec. 2, art. 2, 609.
Officers, recall of public (see "recall, etc.." this title).
Origin of bills, No. 2, table 1, 593; No. 2. table 5, 595; 596; sec. 12, art.

2, 610.
People elect .state printer. No. 18, table 1, 593: No. 28, table 5, 595; 596;

note to sec. 4, art. 15, 644.
Probate court. No. 21, table 1, 593; No. 31, table 5, 595; 596; note, sec.

8, art. 3, 622.
Prohibition, intoxicating liquors, No. 12, table 1, 593 ; No. 16, table 5,

595; 596; note, sec. 10, art. 15, 647.
Property rights, citizens and aliens. No. 12, table 1, 593; No. 18, table 5,

595; 596; note, sec. 17, bill of rights, 604.
Qualifications of electors. No. 25, table 1, 593; No. 39, "table 5, 595; 596;

note, sec. 1, art. 5, 627.
Recall public officers. No. 23, table 1. 593 ; No. 36, table 5, 595 ; 596 ; note

to sees. 3, 4 and 5, art. 4, 626.
Representatives, number of (see "number of, etc.," this title).
Revenue, No. 9, table 1, 593; No. 11, table 5, 595; 596; note, sec. 3. art.

11, 636.
Sailors, suffrage assured (see "suffrage, etc.," this title).
Senators, number of (see "number of, etc.," this title).
Sessions legislature, Xo. 7, table 1. 593; Xo. 9, table 5, 595; 596; note, sec.

25, art. 2, 618.
Signing bills. No. 17, table 1, 593; No. 27, table 5, 595; sec. 14, art. 2, 611.
Soldiers, suffrage assured (see "suffrage, etc.," this title).
Special laws (see "uniform general, etc.," this title).
State printer, legislature elects (see "legislature, etc.," and "people elect,"

this title).
Stockholders, liability of (see "liability, etc.," this title).
Suffrage assured to soldiers and sailors, No. 3, table 1, 593 ; No. 3, table 5,

595; 596; note, sec. 3, art. 5. 628.
Suffrage, woman's (see "woman's etc.," this title).
Supreme court. Xo. 15. table 1, 593; Xo. 21. table 5, 595; 596; note. sec. 2,

art. 3, 620.
Terms, legislators (see "legislators." this title).
Terms, township officers. No. 16, table 1, 593; Xo. 26, table 5, 595; 596;

note to foi-mer sec. 4, art. 9, 633.
Township, elections, general and (see "elections, etc.," this title).
Township officers, tenns of (see "terms, etc.," this title).
Uniform general and special laws, No. 19, table 1, 593; No. 29. table 5,

595; 596; note, sec. 17, art. 2, 614.
Woman's suffrage, No. 22, table 1, 593; Xo. 35, table 5, 595; 596; note,

sec. 8, art. 5, 628.

General Index.

t-±t

PAGES

Appendixes . . . . • 593-727

Appendix A. "Amendments and constitutional convention proposals sub-
mitted since the adoption of the Constitution" 593—596

General notes on 596

Table 1, Amendments adopted : 5, 593—594

Table 2, Amendments pending 5, 594

Table 3, Amendments rejected 5, 594

Table 4, Constitutional convention proposals 5, 594

Table 5, Amendments, popular votes 5, 595

Appendix B. Constitution of the state amended and annotated 597—651

Appendix C. The Wyandotte Constitutional Convention, by B. F. Simpson, 652—662
Appendix C-2. The Wyandotte Constitutional Convention, by John A. Martin, 663—675

Appendix D. Sources of the Constitution, by Rosa M. Perdue 676—696

Resume of, by the editor 695-696

Appendix D-2. Sources of the Constitution, by Robert Stone 697—700

Appendix E. The Rejected Constitutions, by T. Dwight Thacher 701-713

The Leavenworth Constitution 706—707

The Lecompton Constitution 707—713

The Topeka Constitution 702-706

Reasons for Kansas' constitutional failures 701—702

Appendix F. Bibliography 715-727

Apportionment of representation, debates on article 10, census as basis for 66— 67

357-361, 435, 475-482, 511, 518-519, 550

Approval and verification of constitution 557

Arthur, J. M. (see "members of convention").

"Article sixteen" renamed "schedule," number stricken out 558

Articles of the constitution (see title "constitution," subtitle "articles").
Amendments (art. 14). (See title "Amendments.")
Apportionment (art. 10). (See title "Apportionment.")
Banks and currency (art. 13). (See title "Banks and Currency.")
Bill of rights (see title "Bill of Rights").
Corporations (art. 12). (See title "Corporations.")

County and township organization (art. 9). (See title "County and Town-
ship Organization.")
Education (art. 6). (See title "Education.")
Elections (art. 4). (See title "Elections.")
Executive (art. 1). (See title "Executive.")

Finance and taxation (art. 11). (See title "Finance and Taxation.")
Judicial (art. 3). (See title "Judicial.")
Legislative (art. 2). (See title "Legislative.")
Militia (art. 8). (See title "Militia.")
Miscellaneous (art. 15). (See title "Miscellaneous.")
Ordinance. (See title "Ordinance.")
Preamble. (See title "Preamble.")

Public institutions (art. 7). (See title "Public Institutions.")
Resolutions. (See title "Resolutions.")'
Schedule. (See title "Schedule.")
Suffrage. (See title "Suffrage.")

Assumption territorial debts 493-494

Attesting clause —

Burris', adopted 559

Lillie's, rejected 558

Authentication of constitution 518

Authority for reprinting 4

Avocations (see "members, etc.").

748

General Ixdex.

Banks and Currency (»Tt. 13). (See "discussion of" and "reports on" under

''Convention Sessions" and "Committee of the Whole") 79, 80. 80—94,

105-110. 110-112. 375-379. 382-383,
Barton. J. T. (See ""members of convention.")

Basis for drafting constitution 36—37,

Basis for apportionment 37,

Bennet investigation committee

Bennet's protest rejected

Bibliography, '"Appendix F"

a. United States histories

b. Debates and documents

c. Kansas histories

d. General articles

e. Topeka Convention and Constitution

/. Lecompton Convention a-nd Constitution

<7. Leavenworth Convention and Constitution

h. Wyandotte Convention and Constitution

i. Biographical

Bill of Rights 78, 184-186, 187-189. 271-291. 460-465,

Blanehard. J. L.. elected assistant secretary

Blood, J. (see ""members of convention").

Blood. X. C. (see "'members of convention").

Blunt. J. G. (see ""members of convention"").

Boundaries (see "northern boundary." ""western boundary," and '"preamble").

Brown, F. (see "members of convention").

Burnett, J. C. (see ""members of convention").

Burris, J. T. (see ""members of convention").

Business suspended to preserve order

PAGES

96-104
552-554

38- 39

66, 67

373

265-269

715-727

715-716

715

716-717

717-71S

718-720

720-721

721-722

721-724

724-727

535—537

CALENDAR OF C0N\'F:NTI0N.

Day of
Session.

Day of Week.

Tuesday . . .
Wednesday
Thursday . .
Friday ....
Monday. . .
Tuesday . . .
Wednesdav
Thursday.'
Friday
Saturday
Monday. . .
Tuesday. .
Wednesday
Thursday .
Friday . '
Saturday
Monday.
Tuesday . . .
Wednesday
Thursday . .
Fridav. . .

Month.

Day of
month.

Year.

July

July j

July

Julv

July 1

July

Julv

Julv 1

July '

Julv :

Julv 1

July

Julv

July 1

July !

1859
1859
1859
1859
1859
1859
1859
1859
1859
1859
1859
1859
1859
1859
1859
1859
1859
1859
1859
1859
18.59

Page to
page.

- 25

25- 34

34- 52

52- 68

69- 95

95-122

1"2"2-147

148-183

184-224

224-264

265-305

305-329

329-361

362-383

384-434

434-460

460-471

471-498

498-519

519-544

545-573

Capital, lucation of 396-402. 442-455

Chairmen, committee of the whole (see "committee of the whole, etc.").

Certificates of election submitted 15- 16

Chair presented President Winchell 572

Claims report, commissioners of 403-430

Commercial Gazette 08

General Index. 749

Committees of the Coxvestion, Special — pages

Accounts, announced, and reports 95, 54. >

Bennet. appointed, reports 363, 371

Credentials, named "-1

Hutchinson perjurv, appointed, reports 477, 508—511

Northern boundary 122

Printing, appointed 33

Printing (Ross) motion -102

••Scullduggery," members of, provisions for, reports, scope extended, 396. 431. 433, 467

"Woman's rights special, report 169—170

Committees of the Coxvextiox. St.^xdixg —
Articles' debate :

Accounts 7 < — 7•'^

Amendments 191. 270-271, 511-517

Apportionment 357-358, 511—517

Banks and currency 375—379, 382—383

Bill of rights (see "Preamble, etc."').

Corporations 374—375

Countj- and township organization 189-190. 197-200, 221. 378

Education and public institutions 170-171, 172, 431—402

Electors and elections 191. 269-270, 297-307

Executive 191. 346-347, 354-365

Finance and taxation 191, 306— 3C7

.Judiciary 14.5—147, 505—508, 511—517, 517

Legislative 112-114

MUitia 147

MisceUaneous 191, 270-271, 320-335, 511-517

Ordinance 363-365. 371, 433. 460, 499-500

Ordinance memorial 498—505

Membership of:

Amendments and miscellaneous 69

Apportionment 68

-Vrrangement (see "phraseology, and").
Banking (see "corporations and").
BiU of rights (see "preamble and").

Corporations and banking 68

County and township organization 68

Education and public institutions 68

Electors and elections 68

Executive department 68

Federal relations 69

Finance and taxation . 69

.Judiciary 68

Legislative *yS

Militia 68

Miscellaneous (see ""amendments and").

Ordinance and public debt 68

Phraseology and arrangement 69

Preamble and bill of rights 68

Public debt (see "ordinance and").
Public institutions (see "education and").

Schedule 68

Taxation (see "finance and").
Township organization (see "county and").
Phraseology and arrangement, reports:
Appointed. 69: increased. 402.

-Vmendments 512, 517

Apportionment 511

Banks and currency 375, 383

Bill of rights 461

750 General Index.

Committees of the Convention, Standing — concluded. pages

Corporations 374—375

County and township organization 373—374

Education 431-432, 434

Elections 512

Executive 466-467

Finance and taxation 471

Judicial 473-474

Legislative 471-473

Militia 372-373

Miscellaneous 456, 460, 512

Ordinance 433

Preamble and bill of rights 219-221, 241, 461

Public institutions 432

Resolutions ( "memorial" ) 511—512

Schedule 190-191, 291, 491-498, 506

Suffrage 270, 512

Verification, created 670

Standing, announced , 52

Verification of articles 535—544

Committee of the Whole —

Amendments, etc , 335—337

Corporations and banking committee report (Thacher, chairman).

Corporations 80— 84

Banking 84- 94

County and township organization report (Hutchinson, chairman), 195—196, 224—228

Education committee report (McDowell, chairman) 172—174

Education (art. 6), report on (McDowell, chairman) 169

Electors and elections (Simpson, chairman) 292—297

Executive department (Burnett, chairman) 348—354

Judiciary (Blunt, chairman) 148—169

Legislative department report (Stiarwalt, chairman) 115—121, 123—139

Ordinance (Palmer, chairman) 365-371

Preamble and bill of rights (Stinson, chairman) ....... 205-219, 229-240, 241-261

Schedule (Burris, chairman) 200-204

Schedule (Foster, chairman) 482, 491

Committee of the Whole — Sessio7i8, Chairmen, Subjects:

1. Thacher — Corporations (art. 12), Banks and Currency (art. 13).... 80— 94

2. Thacher — Corporations (art. 12), Banks and Currency (art. 13) 96—104

3. Stiarwalt — Legislative (art. 2) 115-121

4. Hippie — Legislative (art. 2) 123-134

5. Hippie — Legislative (art. 2) 135-138

6. Blunt — Judicial (art. 3) 148-156

7. McDowell — Education (art. 6) 169

8. McDowell — Education (art. 6) 172-174

— Public Institutions (art. 7) 174-175

9. Hutchinson — County and Township Organization (art. 9) 195—197

10. Burris — Schedule 200-204

11. Stinson — Preamble (northern boundary) 205-219

12. Stinson — Preamble and Bill of Rights (Boundaries) 229-240

13. Stinson — Preamble and Bill of Rights (Great Debates on) 241-261

14. Simpson — Suffrage (art. 5) 292-297

15. Slough — Amendments (art. 14) 307-308

— 'Miscellaneous (art. 15), (Homestead) 308-320

16. Barton — Amendments (art. 14) 335-337

17. Burnett — Executive (art. 1) 348-3'')l

18. Palmer — Ordinance 365-371

19. Foster — Schedule 482-491

Common schools provided for 698

General Index. 751

PAGES

Connelley, William E 6

Contents, table of 3

Constitution, analytical index of 733—743

Constitution (see title "Amendments to the Constitution").

Constitution as adopted 574-592

Constitution as a whole, adopted 571

Constitutional convention act 7- 11

Constitution referred to verification committee 535

Constitution verified and approved 557

Convention —

"Calendar of, etc." (see that title).

Committee of whole denied leave on northern boundary 261

Committees, list of 68- 69

Convention accounts committee (Forman) 77, 78, 95

Convention act, constitutional 7— 11

Convention printing 30

"Counties represented in" (see that title).
"Members of" (see that title).

Officers of 18, 20, 22, 23

Organization of 15, 17— 36

Records of 559

Rules of 28- 29

Simpson's Wyandotte Constitutional Convention:

Ages of 652-654

Avocations of 652-654

Counties of 652-654

Debaters 660

Leaders of thought, amongst 656-657

Nativity of 652-654

New men and old stagers 654

Old stagers, new men and 654

Political affiliations 652—654

"Scullduggery" investigation 661—662

Subsequent biography of 660—661

Territorial legislators amongst 655

Thacher, speech on "Freedom" 659

Convention Districts —

No. of district. Counties in. No. of members.

First Leavenworth 10

Second Atchison 3

Tliird Doniphan 5

Fourth Brown 1

Fifth Nemaha 1

Sixth Marshall and Washington (2) 1

Seventh Jefferson 1

Eighth Jackson 1

Ninth Riley 1

Tenth Pottawatomie 1

Eleventh .Johnson 2

Twelfth Douglas 7

Thirteenth Shawnee 3

Fourteenth Waubonsa, Davis, Richardson, Dickinson and

Clay (5) •. 1

Fifteenth Lykins 2

Sixteenth Franklin 1

Seventeenth Osage, Breckenridge and Wise (3) 2

Eighteenth Linn 2

Nineteenth Anderson 1

Twentieth Coffey and Woodson (2 ) 2

752 General Index.

CoxvBNTiox Districts — eoncluded.

No. of district. Counties in. No. of members.

Twenty-first Madison, Hunter, Butler, Greenwood, Godfrey

and Wilson (6) 1

Twenty-second Bourbon, McGee and Dorn (3) 2

Twenty-third Mien 1

CoKVKNTiON Sessions — pages

Apportionment committee's report, df'b;tte on 475—482

Authentication of the constitution 518

Capital location debate 396-402

Debate on Stinson's "Scullduggery" motion 468—469

Discussions 241, 261-292, 518, 535, 544-573

Kansans' claims committee report 402—430

"Memorial" (resolutions) debate 499—505

Ordinance's recall, debate on 499—505

Schedule debate 491-498

Slough's motion to expel Hutchinson 469—470

"Scullduggery" committee's report 467—468

Western boundary in preamble reconsidered 534, 536—537

Articles' discussions:

Preamble and bill of rights 219-221. 262-264. 271-291, 535-536

Preamble (boundaries question) 262—264

Preamble (northern boundary) 204-205, 384-396

Executive department (art. 1 ) 354—355

Legislative department (art. 2) 139—145

Judicial department (art 3.) 156-168, 473-474

Elections (art. 4) 297-298

Suffrage (art. 5) 298-305

Education (art. 6) 175-183, 191-194

Public institutions (art. 7) 194-195

Militia (art. 8) 147

County and township organization (art. 9) 197—200

County and township organization (art. 9), reconsidei-ation 224—228

Apportionment of representation (art. 10) 358—361

Finance and taxation (art. 11) 325-329, 332-334

Corporations (art. 12) 104-105, 374-375

Banks and currency (art. 13) 106-112, 375-383

Amendments (art. 14) 320-321

Miscellaneous (art. 15). (Homestead) 321-324,465,520-523

Schedule (originally art. 16), loses its number 558

Reports :

Ordinance- 363-365

Preamble 186-187

Bill of rights 187-189

Executive department (art. 1 ) 336-347

Legislative department (art. 2) 112—114

.ludiciary department (art. 3) 145-147

Klections (art. 4) 269

Suffrage (art. 5) ! 269-270

Education (art. 6) 170-171

I'ublic institutions (art. 7) 170-171

Militia (art. 8) 147

County and township organization (art. 9) 189-190

Aliportionment of representation (art. 10) 357—358

Finance and taxation (art. 11) 306-307

Amendments (art. 14) 270

Miscellaneous (art. 15). (Homestead) 270—271

Schedule 190-191

Northern boundary, special committee of 13 204

General Index. 753

CoxvKNTiox Sessions — conchided.

Session Days : PAGES

First, July 5. 1 859, a. m. and j). ni 25

Second, .Tuly 6, 1859 25- 34

'I'hird. July 7. 1859 34- 52

Fourth, July 8, 1859 52- 69

Fifth, July 11, 1859, a. ni. and p. m 69- 95

Sixth. July 12, 1859, a. m. and p. m 95-122

Seventh, July 13, 1859, a. ni. and p. ni 122-147

Eighth, July 14, 1859, a. m. and p. )n 148-183

Ninth, July 15, 1859, a. m. and p. m 184-223

Tenth, July 16, 1859, a. in. and p. m 224-264

Eleventh, July 18, 1859, a. m. and p. m 265-305

Twelfth, July 19, 1859, a. m. and p. m 305-329

Thirteenth, July 20, 1859, a. m. and p. m 329-361

Fourteenth, July 21, 1859, a. m. and p. m 362-383

Fifteenth, July 22, 1859, a. in. and p. m 384-434

Sixteenth. July 23, 1859, a. in. and p. m 434-460

Seventeenth, July 25, 1859, a. m. and p. m 460-471

Eighteenth, July 26, 1859, a. m. aaid p. m 471-498

Nineteenth, July 27, 1859, a. in. and p. m 498-519

Twentieth, July 28, 1859, a. m. and p. m 519-544

Twenty-first, July 29, 1859, a. in. and p. m 545-573

COUNTIES REPRESENTED 2,5-26

Allen ; Signor, J. H.

Anderson; Blunt, J. G.

Atchison : Graham, Robert, and two others.

BoiRBON and two others; Griffith, W. R.

Brkckenriuge (see Osage).

Brown ; Kingman, Samuel.

Bi'TLER (see Madi.son).

Chase (see Osage).

Clay (see Waubonsa).

Coffey and one other; Hoffman, S. E.

Davls (See Waubonsa).

Dickinson (See Waubonsa).

Doniphan ; Stiarwalt, J., and four others.

DoRX (see Bourbon).

Douglas; Thacher, S. O., and six others.

Franklin; Hanway, J.

Godfrey (see Madison).

Greenwood (see Madison).

HiNTER (see Madison).

Jackson ; Moore, E.

Jeffkrso.k; McClellan, C. B.

Johnson ; Barton, J. T., and one other.

Leavenworth; Parks, P. S., and nine others.

Linn : Lamb, Josiah, and one other.

LvKiNs; Dutton, W. P., and one other.

McGee (see Bourbon).

Madison and five others; Lillie, G. H.

Marshall and one other: Middleton, J. A.

Morris (see Osage).

Ne.maha; Wright, T. S.

Osage and five others; McCullough, Win.

Pottawatomie; Palmer, L. R.

Richardson (see Waubonsa).

Riley; Houston, L. B.

Shawnee; Ritchie, John, and two others.

48 — 778

754 Gener.\l Index.

Counties Rbpresexted — concluded.
Washington (see Marshall).
WArBONSA and four others; Ross, E. G.
Weller (see Osage).
Wilson (see Madison).
Wise (see Osage).
Woodson (see Coffey). pages

Copies constitution pamphlet 561

Copv of completed constitution submitted 535

Corporal's guard after twenty-three years 673-674

Corporations (art. 12) 79, 96-104, 104-105, 374-375, 551-552

Credentials' committee named 21

Credentials' committee report adverse Wyandotte delegates 26

Crocker, A. (see "members of convention").
Counties represented in the convention.

County and township organization (art. 9) 189-190. 195-200, 221-228, 365

373-374, 549-550

Debates, Great (see "great debates").

Debts, Assumption of Territorial 482-488, 493-494

Delegates to convention (see "members, etc.")

Delegates select seats 23

Democratic members refusing to sign constitution 671

Denial of public schools to negroes (see "great debates of convention").
Discussions (see "discussions of" the several articles under "convention sessions"

and under "committees of the whole").
Districts, convention (see "convention districts").
Dutton, W. P. (see "members of convention").

Education (art. 6) report 170-171,172-174.191-194.431-432,434,548

Education articles adopted 548

Education and public institutions (art. 6) report 1'75

Education and public institutions, committee report 170—171

Elections and electors (renamed "suffrage"). (Arts. 4, and 5).. 292—305,512—517,547

Electors and elections (arts. 4 and 5) adopted 517, 547

Electors and elections committee report 269—270

Electors and elections article report considered 512—517

"Equal and inalienable natural rights" (see "Kingman").

Espy mentioned 23

Exclusion of free negroes, debate (see "great debates of the convention").

Executive (art. 1 ) 346-355, 466-467, 541

Executive article reported and adopted 466—467

Executive article, report committee on 354

Executive article verified 541

Explanation of vote by W. R. Griffith and four others 121

Finance and taxation (art. 11) 306-307, 325-329, 332-334. 471, 550-551

Finance and taxation article adopted 471, 551

Finance and taxation committee report 306—307, 332

Finance and taxation considered 325—329

Foreword by .James L. King 5_ o

Foreword by Winfield Freeman 6

Forman, J. W. (see "members of convention").
Fo.ster, R. C. (see "members of convention").

Freedom speech, Thacher 179-181

Freeman, Winfield o

Free negroes not excluded 698

Funk, J. M., elected doorkeeper convention 22

General Ixdex. 755

Graham, Robt. (see "members of convention"). pages

Graham. R. St. C, enrolling clerk 69

Geeat Debates of the Convention:

Banking and currency 84—94, 96—142

Boundaries of the state 205-219, 229-236, 237-240, 243-264. 384-396

Compensation to legislators 123—124

"Equal and inalienable natural rights" 271—285

"Higher" vs. "Fugitive Slave Law" 273-285

Homestead (in committee of the whole) 308—320

Homestead (in convention) 331-334. 337-345

Judicial salaries 159—167

Membership of convention 41—51, 58- 65

Negroes* rights and privileges 175—183. 191—192

Origin of bills in legislature 126—129

Prohibition of intojficating liquors (Preston's motion) 457—459

Prohibition of intoxicating liquors (Ritchie's motion) 76

Representation from Chase, Morris and Wyandotte counties 41— 51

"Scullduggerj " 396-402, 435-442, 467-471, 477

Veto power 1 29-132

"Greatest Speech of the Convention" (Thacher) 179—181

Greer, J. P. (see "members of convention").

Griffith, W. R. (see "members of convention").

Gunn's Kansas map 122—123

Habeas corpus. See "bill of rights," title "Constitution," sec. 8, and 287, 575, 601

Hanway, J. (see "members of convention").

Higher education provided for 698

Hinton, R. J., enrolling clerk 69

Hippie, S. (see "members of convention").

Historic peace act 7

Hoffman, S. E. (see "members of convention").

Homestead Clause —
Arguments :

Blunt 318, 323-324, 341-348

Blood, J 310, 312, 338

Burnett 312, 319

Greer 318

Griffith 309, 309, 311, 314-315, 315, 319, 321, 323

Houston 307-308, 308-309, 310-311, 316, 326, 340-341

Hutchinson 315, 319

Ingalls 319 et al., 324

Kingman 317, 318, 337-338

Lamb 311

McDowell 320, 323

Preston 311-312, 319

Ritchie 343-344

Stinson 317, 318

Thacher 312-313, 319, 338-339, 344, 345

Winchell 308, 312, 313, 313, 313-314, 315, 316. 317, 317, 319, 320, 339

Wrigley 321-322 et al., 324

Blood's motion to reconsider 555

Blunt's resolution for separate vote on 517, 520—523

Debate, committee of the whole 308-320

Decisions supreme court upon 645—647

Debates 270-271, 308-325, 337-345, 517-518, 520-523, 537-538,

555, 556, Stone's opinion 671, popular 699—700

756 General Index.

HOMBSTKAD Clause — ronrhitlnl. PAGES

Foster introduces the homestead resolution 76— 77

Kingman's great speech for 337—338

Kingman's speech in committee of the whole 318

Motions:

Blood, J 308, 318-319, 320, 320, 322

Blunt ' 310, 340, 344

Burnett 310. 310, 319, 323, 323

Burris 339-340

Foster 315

Graham 344, 344, 345

Greer 316, 320, 345

Griffith 312, 344, 344

Hubbard 316

Hutchinson 313, withdrawn 313, 316. 319

Ingalls 319, 323, 323

McDowell 317, 323

Ross 337

Slough 323, 337

Stinson 315-316, 317

Thacher, appeals 313. 316, 317. 320, 323. 337, clause adopted 345,
345, and remarks 520.

Winehell 308. withdrawn 312, 317, 345

Wrigley 313

Recommendation of phraseology committee 517—518

Roll calls 323, 324, 344-345

Schedule provides separate vote 556

Separate vote on 645

Separate adoption. Note, sec. 9. art. 15. 645. sec. 25. schedule, 650 and
note to same.

Text of constitution concerning 558—559, 591, 645, 645?i, 650

Text of homestead clause. Note, sec. 9, art. 15 645

Thacher's substitute, debate on 337-31:5

Houston, E. D. (see "members of convention").
Hubbard, E. M. (see "members of convention").

Hubbard's protest 519

irubbard-Hutchinson fiasco postponed 531

Hutchinson, W. (see "members of convention").

Hutchinson per.jun- charge, report and consideration 508-511, 524-534, 538

Ingalls, J. .T. (see "members of convention").

Internal improvement, finance and taxation 11, 328

Intoxicating liquors, prohibition of (see '^prohibition, etc.").

Judicial (art. 3) 14.5-147. 148-168, 47.3-474, 474-475, 505-506, 517, 544

.Tudiciary article adopted 506

Judiciary, committee on, report (Kingman) 145-147

Judiciary article verified 517

Kansans' claims commission icijort 94

Kansans' claims for losses 55_ 55

KaK.SA.S CoKSTITfTION'AI. CONVKXTIO.NS :

Leavenworth 663—664

Lecompfon 663

Topeka 663

Wyandotte 664

King, James L 5_ g

Kingman, S. A. (see "members of convention").

General Index. 757

Kingman, S. A., great speeches of: pages

Convention, homestead 337—338

Committee of whole, homestead 318

"Inalienable rights" 282-283

Ladies, resolution thanking 559

Ladies' response to thanks 561—562

Lamb, J. (see "members of convention").

Leavenworth Constitution 706—707

Leavenworth Constitutional Convention 663—664

Leavenworth delegation refused to sign 571

Lecompton Constitution 707-713

Lecompton Constitutional Convention 663

Legislative (art, 2) 112-121, 123-134, 13,5-139, 139-145, 471-473, 541-544

Legislative department (art. 2), (See "discussion of" and "reports on" under
"Convention Sessions,")

Legislative, department committee report (Thacher) 112

Legislative department article adopted 473

"Liberty, generous sunshine of" 671

Lillie, G. H. (see "members of convention").

List of convention committees 68— 69

List of members of convention 14

Liquors, alcoholic, prohibition of 76, 457

Location of capital 396-402, 442-455

"Lost to sight" after twenty-three years 674

McClellan, C. B. (see "members of convention").

McCulIough, \Vm. (see "members of convention").

McCune, A, D, (see "members of convention").

McDowell, Wm. C. (see "members of convention"),

Martin, John A,, biographical, elected secretary, temporary secretary, 5, 655—656, 20, 15

Martin, John A. (Appendix C-2, "The Wyandotte Constitutional Convention."), 663-675

May, Caleb (see "members of convention").

Members of convention, list of 14

MEMBERS OF THE CONVENTION (Individual records) —
(See, also, roll calls.)

Akthve, J. M., representing Linn county.
Committees — 25, 68,
Mention of — 14, 660.
Motions by — 39, 77, 298, 559.
Remarks by — 443, 469. 480.

B.\RTON, J. T., representing Johnson county.

Committees — 68-69.

Mention of — 14.

Motions by — 16, 116, 119, 122, 345, 356 473, 508, 551.

Remarks by — 120, 122, 395, 396.
Blood, James, representing Douglas county.

Committees — 68, 69, Bennet 363, Hutchinson 477.

Mention of — 14, 15, Blanchard 20.

Motions by — 100, 102, 103, 103, 104, 109, 110, 123, 135, withdrawn
135, 149, 150, withdrawn 150, 153, 158, 161, withdrawn 166, 167,
174, 189, 201, 257, 288-289, 292, 294, 299, 305, 308, 318-319, 320,
320, 368, 378, 379, 480, 483, 488, 494, 495, 496, 499, 499, 499,
500, 513-514, 518, 520, 524, 536, 536, 536, 555, 558, 560, 561,
561, 563, 565, 573, 573.

Remarks by — 85, 91-92, 92, 93, 97, 101. 103-104, 110-111, 138, 138,
149, 153, 154, 154, 155, 160-161, 165, 167, 203, 204, 205, 205,

758 General Index.

Members of the Convention — continued.

205, 221, 222-223, 227, 230, 241-242, 242, 253-254, 260, 296, 298,
298, 299, 310, 312, 322, 338, 366, 366, 369-370, 370, 370-371, 376,
379, 393, 399, 448, 483, 485-486, 491, 493, 495, 496, 497, 501, 502,
502, 507, 514, 514, 515, 515, 515-516, 521, 536, 537, 548, 548.

548, 549-550, 550, 552, 552, 552, 553, 555, 557-558, 558, 558,
564.

Reports of — 363-365, 499-500.
Blood, N. C, representing Douglas county.

Committees — 68, 95.

Mention of — 14.

Motions by — 175, 547, 559.

Remarks by — 326, 440.

Reports of — 474, 560.
Blunt, J. G., representing Anderson county.

Committees — 25, 68.

Mention of — 14, biographical 661.

Motions by — Warren 20, 22, 34, 35, 36, 38. 65, 70-71. 72, ' i, 76, 77,
102, 115, 132, 133, 136, 137, 140. 142, 144, 168, 174, 191, 192,
192, 193, 194, withdrawn 194, 195, 199, 200, 202, referendum 203,
203, 219, 241, 241, 263, 276, 292, 294, 299, 304, 310, 320, 321,
344, 348, 348, 350, 354, 383, Mrs. Nichols 383, 433, 435, 443, 443,
446, 450. 453, 455, 457, 460, withdrawn 460, 464, 464, 465, 492,
withdrawn 492, 492, 493, 498, 511, 512, 516, homestead 517, 529,
529, 529, 529-530, 544, 553-554.

Remarks by — 21, 34, 35, 36, 37, 38, 43-45, 53, 58-59, 66, 70, 73, 75,
76, 77, 85-86, 87-88, 90. 91, 99-100, 116, 118-119, 127, 131-132,
134, 134, 136-137, 144-145, 150, 160, 165-166. 173-174, 174, 176-
177, 192, 192193. 193. 199, 202, referendum 203, 203, 219, 225,
226, 241, 244-248, 256, 268, 276-279, 280, 299, 303. e.xplanation
304, 318, 323, "nigger" 325, privilege 332, 332, 346, 349, colloquy
with chair 356, 362-363. 380, 398, 435. 437, 438, 443, 443-445,

446, 457, 459, 484, 493-494, 495. 497, 497, 503, 507, 510, 510-
511, 512-513, 520-521, 524, 531, 533, 542, 564-565, 565.

Reports of 147.

Brown, F., representing Leavenworth county.
Committees — 68 .
Mention of — 14.
Motions by — 57, 67, 67-68, 126, 135, 195.

Birnett, J. C, representing Bourbon, McGee and Dorn counties.
Committees — 25, 68-69.
Mention of — 14, biographical 600.
Motions by — 152, 172, 172, 288, 310, 319, 323, 323. 357, 449, 531,

553.
Remarks by — 118. 131, 158, 194, 265, 266, 280, 294, 312, 319, 378,

447, 449.

BuRRl.S, J. T., representing Johnson county.

Committees — 25, 68.

Mention of — 14, biographical 060-661.

Motions by — 33, 73, 102, 118. 124, 138, 139, 142, 142, 156. 157, 163,
withdrawn 163, 167, 167, 168, 192, 195, 222, 225, 230, 240, 286,
289, withdrawn 293, 295, 301, 302, 303, 327, 346, 348, 352, 355,
367, 381, 435, 450, 493, 494, 508, 512, 513, 514, 516, 517, 533,
536, 545, 550, 553, 558, attesting 559, 564, 572, 572, 572.

Remarks by — 33, 66, 74, 87, 92, 119, 135-136, 136, 138, 151, 151,
152, 155, 156-157, 158, 163, 176, 197, 197-198, 198, 223-224, 225-
226, 228, 230-231, 231, 293. 299, 327, 328, 344, 349, 353, 353,
353, 354, 367, 379, 381, 395, 396, 436, 450, 452, 483, 484, 485,
489, 489, 495, 496, 496, 502-503, 513, 513, 515. 533. 537, 542,

549, 551, 553, 558, 560.

General Index. 759

Members of the Conventiox — continned.

Crocker, A., representing Coffey and Woodson counties.
Committees — 25, 68.
Mention of — 14.

Motions by — 102. petition 184, 184, 370, 520, 572.
Remarks by — 67, 97.
Button, W. P., representing Lykins county.
Committees — 68-69.
Mention of — 14, biographical 661.
Motions by — 174, 471.
FoRMAX, J. W., representing Doniphan county.
Committees — 69.
Mention of — 14.
Motions by — Barton 18, Spencer 20, Ca.stleman 20, 24, 25, 77-78, 120,

121, 124, 126, 173, 204.
Remarks by — 117.
Foster, R. C, representing Leavenworth county.
Committees — 68-69.
Mention of — 14, biographical 661.
Motions by — homestead 76-77. 133. 134, 242, 243, 260, 273, 289, 315,

482, 509.
Remarks by — 132, 133, 224, 241. 244. 256, 260, 260-261, 273, 449-
450, 492, 511.
Graham, Robt., representing Atchison county.
Committees — 21, 68, 79-80, 477.
Mention of — 14, 600.

Motions by — 22, 77, 95, 100, 104, 104, 105-107, 120, 123, 134, 138,
159, 221, 221, 222, 222, 227, 228, 228, 229, withdrawn 230, 260,
264, 344. 344. ;i45, 357. 361, 442, 448, 454, 4 64. 477, 482, 492,
510, 538.
Remarks by — 48, 62. privilege 69, 71, 86-87, 88, 89, 89, 90, 101-102,
105-107. 110, 120, 120, 128. 138, 138, 143. 143, 159, 161, 202-204,
266, 300-301, 450, 452, 470, 478-479, 481, 483, 485, 486-487, 492,
Hutchinson 509, 510, 510, 510, 524, 538, 540, 548. 550, 550.
Reports of — 78.

Greer, J. P., representing Shawnee county.

Committees — 21, 57, 68. 95.

Mention of — 14.

Motions by — 21. 23. 37. 38, 72. 102. 133, 140, 142. 143. 144, 151,
172, 227, 230. 241, 295. 320, 345, 345, 396, 442, 442, 457. with-
drawn 457, 457, 472-473, 473, 488, 491, 491, 504, 516, 534, 563.

Remarks by — 37, 50-51, 75, 90, 98, 125. 125, 128, 130, 151, 162-163.
163, 172-173, 272-273, 280-281, 291, 318, 331, 345, 345, 346, 378,
393, 396, 399-400, 436, 436-437, 442-443, 445, 454, 491, 503.

Reports of — 25 26, 40. 346-347.

Griffith, W. R., representing Bourbon, !\rcGee aud Doru countie.s.

Committees — 21, 68-69.

Mention of — 14. biographical 660.

Motions by — 15. AVinehell 18. 18, 20. 22, 22, 23, 27, 29, 37, 58, 71, 71,
76, 94, 123, 128, 172. 226, withdrawn 226, 226-227, 312, 316, 328,
359, 383, 402. 457. 497, 504, 506, 528, withdrawn 528, 551, 553,
554, 558, 559.

Remarks by — 18, 21-22, 45, 58, 67, 73, 76, 76, 115-116, 130-131, 137,
137, 169, 172, 173, 173, 174, 175, 182. 199, 221. 224-225, 230, 243,
279-280. 298, 309. 311, 314-315, 315, 319, 321, 323, 326, 328, 360,
361, 377, 380, 382, 395, 401, 446-447. 447, 453, 454. 457, 469. 494,
496, 497, 497. 504. 504, 509, 509, 522, 522, 529. 530, 531. 533,
534. 534. 538. 539, 543, 547, 564.

Reports of — 170-171. 171.

760 Gexeral Index.

Members of the Coxvextiox — continued.

Hanway, J., representing Franklin county.
Committees — 68, 95, 431, 54.5.
Mention of — 14.

HiPPLE, S., representing Leavenworth toiinty.
Committees — «8, 135.
Mention of — 14.
Motions by — 29, 153, 156. 157, ] 75. 195. 299. withdrawn 299. 331,

352, 355, 401, 435, 508, 516, 517.
Remarks by — 401, 436, 445, 526, 557.

HoFFltAX, S. E., representing Coffey and Woodson counties.
Committees — 68.
Mention of — 14.
Motions by — 24, 78, 125, 286, 290, 290, 326, 328.

Houston, S. D., representing Riley county.

Committees — 68-69, 270-271.

Mention of — 14.

Motions by — 29, 65. 67, 70. 72. 89. 92. petition 95-96, 96. 96. 12J.
123, 123, 125, 132, 134, 150, 150, 184, 197, 231-232, 271, 271,
295, 326, 370, 402, 504. 504, 504, 509, 511, 517, 529, 544, 550.

Remarks by — 22, 35, 60-61. 73-74, 92-93, 97-98. Ill, 111-112. 124.
128-129, 131, 134, 161, 173, 182-183, 194, 198-199, 232-234. 256-
260, 260, 307-308, 308, 309, 310-311, 316, 320. 320, 333-334, 334,
370, 371, 372. 372, 386. 389, 393, 394, 452, 483-484, 487-488, 491.
494-495, 497. 502, 503, 503, 521, 521-522, 540, 540. 542

Reports of — 191.

Hi'BB.\RD, E. M.. representing Doniphan county.
Committees — 68.
Mention of — 14.
Remarks by — 467, 468, 468, 474.

Hutchinson, W.. representing Douglas county.

Committees — 25, 68, 195.

Mention of — 14.

Motions by — 21, 22-23, 23, 23. 36. 40. petition 72. 72. 74. 77, 88, 91,
92, 94, 103, 121, 123, 135, 152, 156, 167, 168, 228, 229, 288, 295,
297, 300, 304, petition 305, 305, 313, withdrawn 313, 316, 319,
325, 326, 333, 350, 351, 354, 354, 355, 362, 451. 461-462, 464.
464, 473, 534, 546, withdrawn 546, 556, 557, 560. 563, 566, peti-
tion 698.

Remarks by— 21, 37. 73, 75, 94, 99, 100, 101, 110-117. 127, 136, 137.
144. 169, 171. 184-186, 220, 226. 228, 229, 231, 231, 242. 281-
282, 289, 300, 305 306, 315, 319, 327, 303, 379. 379-380, 451.
456, 456, 458, 459, 463, 463-464, 465. 472, 523. 524. 534. 53 Ik,
537, 543, 545-546, 548, 560, 562-563. 564, 566.

Ing.\L1,S. J. J., representing .\tchison county.

Committees — 25, 68-69, Bennett 363, 365, 535, 670.

Mention of — 14, biographical 660.

Motions by — 92. 96, 123. 228. 228, 269, 288, 289, 305, 319, 323. 32.^.

336, 362, 366, 402, 434, 468, 468, 498, 498-499, 504, 504, 534,

535, 544, 551-552.
Remarks by — 319, 324, 336, 362, 363, 368, 433, 460, 473, Hutchinson

colloquy 498, 507, 518, 535, 541, 546, 548, 552, 554, 554. 555.
Reports of — 330, 431-432, 433, 456, 460, 466-467. 471, 471-472, 473-

474, 505, 506, 511-512, 517, 535, 535.

KiNOMAN. Samuel A., representing Brown county.
Committees — 15, 21. 68-69.
Mention of — 14, 660.

General Index.

761

Members of the Coxvextiox — continued.

Motions by — 20, 24, 30, 32, 32, 34, 57, 67, 72, 87, 83, 110, 115. 147,

151, 153, 155, 157. 172. 172, 196, 196, 204, 223, 226, 229, 229,

241, 257, 264, 269, 282-283, 307, 320, 321, 434, 451, 456, 466,

469, 475, 482, 535, 535, 546, 555-556, 556.
Remarks by — 32, 63, 75. 87, 89, 107, 107-108, 135, 139, 150, 151,

151, 155, 155, 156, 176, 184, 197, 226, 226, 228, 254, 264, 264.

266, 282-283. 290. 317, 318, 330. 337-338, 361. 372, 376, 395, 396,

437, 455, 457, 463. 469, 470, 473, 486, 491. 531, 531, 541-542, 542-

543, 543, 543, 5.51, 553, 554. 554. 558.
Reports of — 145-147.

L.\MB, J., representing Linn county.
Committees — 68.
Mention of — 14. 660.
Mention of — 660.
Motions by — 123. 287.
Remarks by — 183, 252-253, 287, 311.

Lille, G. H., representing: Madison, Butler. Hunter. Greenwood. Godfrey
and Wilson counties.

Committees — 68-69, 477.

Mention of — 14, biographical 660.

Motions by — 78, 115. 120, 125, 140, 151, 193, 224, 547, 558.

Remarks by — 78, 143, 154-155, 156, 156, 172, 224, 224, 225, 280.

McClellax, C. B., representing Jefferson county.
Committees — 21, 68, 95, Bennett 363.
Mention of — 14.
Motions by — 24, 32. 66, 74, 75-76, 104, 124, 132, 139, 159, 307, 335,

360, 361, 498, 498, 523, 547, 564.
Remarks by — 20, 92, 100, 120, 139, 163, 377, 572.

McCullough. Wm.. representing Osage, Keller, Wise, Breckenridge, Morris
and Chase counties.

Committees — 25, 68, Bennett 363.
Mention of — 14.

McCtTXE, A. D., representing Leavenworth county.
Committees — 68-69, 477.
Mention of — 14.
Motions by — 77, 77.

McDowell, Wm. C, representing Leavenworth county.

Committees — 25, 68, 169, 172.

Mention of — 14, biographical 658.

Motions by — ^24, 24, 30, 72, 84. 103, 104, "nigger'
140, 140, 141, 141, 145, 150, 150, 152. 153, 157
175, 194, 219, 219, 219-220, withdrawn 220, 221, 222, 229 ,230, 272
286, 290, 297, 298, 302. 317, 321, 323, "nigger" 324-325, with
drawn 326, 326, 329, 330, 331, 333. 354, 375, 383, 384, 432, 462
462, 475, 477, 477, 491, 493, 495, 496, 500, withdrawn 500, 505
511, 518, 519, 519, 524, 524, 544, 548, 549, 552, 558.

Remarks by — 59-60, 76, 84-85, 103, 117-118, 124, 129-130. 152, 153
154. 154. 155, 155, 164-165, 178-179, 201, 201 202. 202, 229, 234
237, 242, 265, 272, 272, 275-276-291, 298, 302. 320, 323, 323. 326
330, 333, 334, privilege 343, 348, 348. 357, 358, 359, 359-360
366, 380-381, 382, 384, 390-393, 437-438, 453, 453, 456, 462, 465
468, 470, personal 474, 477-478. 482. 483, 483, 491, 495. 502, 504
507, 507, 507, 524-525, 527, 527-528. apology 538. 539, 552, 552
558.

Reports of — 476-477.
May, Caleb, representing Atchison county.

Committees — 68.

Mention of — 14. 660.

121, 129, 134
158, 168. 168

762 General Index.

Mkmbers of thk Coxvextiox — contiinied.

Motions by — 132, 136, 147, 269, 536, 537, 537, 556-557.
Remarks by — 47-48, 133, 133, 133, 537, 537, 537, 564.
MiDDLETON, J. A., representing Marshall and Washington counties.
Committees- — 68, 95.
Mention of — 14.

Moore, E., representing Jackson county.
Committees — 68, 431.
Mention of — 14.

Palmer, L. R., representing Pottawatomie county.

Committees — 68-69, 95.

Mention of — 14.

Motions by — 295, 434.
Parks, P. S., representing Ijeavenworth county.

Committees — 68-69, 431.

Mention of — 14.

Motions by — 28, 31, 54-56, 72, 102, 126, 140, 150, 219, 301, 328, 329,
396, 396, 465, 471.

Remarks by — 99, 117. 126, 368, 395, 433, 435, 436. 438. 438, 495.

Report.s of — 467.
Perry, W.. representing Leavenworth county.

Committees — 68-69.

Mention of — 14, 70.

Porter, R. J., representing Doniphan county.

Committees — 68-69, 431.

Mention of — 14.

Motions by — 119, 140, 150, 150, 295. 355.

Remarks by — 101, 354.
Pre.ston, H. D., representing Shawnee county.

Committees — 68.

Mention of — 14.

Motions by — 121, 143, prohibition 457, 457, withdrawn 459, 549.

Remarks by — 116, 129, 132, 197, 199, 311-312, 319, 359, 376-377,
435, 459. 459, 546.

Reports of — 357-358, 375-376.

Ritchie, John, reresenting Shawnee county.

Committees — 68.

Mention of— 14, 19.

Motions by — 15, 28, 29, 53, prohibition 76. 76, 77, 139, 140, 147,
168, 184, petition 184, 301, "nigger" 325, 348, 371, 397. withdrawn
399, 399, withdrawn 400, 497, 514, 516, 516, 546, withdrawn 572,
572, 698.

Remarks by — 53, 61-62, 73, 128, 130, 181-182, 198, 198, 198. 227,
255-256, 273, 276, 298-299, 393, 395, 397-398, 439, 440, 440-441,
454, 494, 507-508, 514-515, 515, 516, 522, 546, 546, 546.

Ro.S.s, E. G., representing Waubonsa. Richardson, Davis, Dickinson and Chiy
counties.

Committees — 25, 08-69, 535, 670.
Mention of — 14, biographical 661.
Motions by — 24, 33, 37, 41, 54, 56, 120, 122, 133, 142, 223, 316,

337, 371, 402, 402. 505, 550, 541. 551.
Remarks by — 51, 66-67, 69, 70, 117, 123, i:il, i:!;i. 133, 135, 265.

331, 336, 345, 373, 481, 481, 563, 563, 564. 564. 565.
Reports of — 52.
Stiarwalt, J., representing Donijilian cdunty.
Committees — 25, 68-69.
Mention of — 14.

General Index. 763

Membees or THE Convention — conlinued.

Motions by — 24, 174, 325, 357, withdrawn 357, 561.

Remarks by — 91, 91, 158, 163, 254-255, 294, 314, 377-378, 447, 533,

540-541.
Reports of — 26.
SiGNOR, J. H., representing Allen county.
Committees — 68-69, 431.
Mention of — 14.

Simpson, B. F., representing Lykins county.

Committees — 21, 68, 431.

Mention of — 14.

Motions by — 197, 307, 559, 561.

Remarks by — 139.

Reports of — 306-307.
Slough, J. P., representing Leavenworth county.

Committees — 25, 68, 307, 402, 477, 535, verification 670.

Mention of — 14, 15, 19, biographical 661.

Motions by — 15, 15, 17, 18, 20, 21, 22, 22, 23, 24, 28, 28. 29, 31, 36,
37, Wood-Espy 52, 54, negroes 56, 56-57, 57-58, 77, 77, 78, 88, 94,
102, 104, 110, 112, 114, 114-115, 115, 123, 124, 125, 126, 134, 134,
135, 137, 139, 139, 142, 142, 142, withdrawn 142, 143, 145, 147,
147, 147, 147, 148, 149, 151, 153, 155, 156, 157, 167, 167, 169,
169, 170, 171, withdrawn 171, 172, 174, 189, 189, 190, 194, 195,
195-196, 196, 196, 200, 201, withdrawn 201, 204, 205, 205, 221,
271, 283, 283, 289, 291, 291, 295, 295, 295, 297, 297, 297, 297,
297, 301, 302, 323, 324, 326, 329, 333, 334, 335, 336, 337, 337,
348, 348, 349, withdrawn 349, 350, 350, 351, 354, 355, 359, 362,
363, 365, 368, 371, 372, 372, 373, 373, 378, 379, 380, 382, with-
drawn 382, 402, 432, 435, withdrawn 446, 446, 448, 448, 449, with-
drawn 452, 457, 460, 464, 466, 468, 469, 469, 477, 480-481, 481,
510, 513, 519, 529, 530-531, 535, 545, 570.

Remarks by — 15, 16, 18, 36-37, 37, 39, 41-43, 60, 65, 66, 115. 119,
120, 130, 137, 138, 139, 141, 148, 155, 168, 177-178. 189, 189, 191,
196, 204, 204, 205, 205, 221, 221, 221, 265, 266. 267, 267-268, 290,
292, 292-293, 293, 294, 295, 302-303, 330-331, 335-336, 349, 350,
359, 362, 369, 369, 369, 370, 373, 378, 380, 380, 380, 435, 436,
441, 451, 452, 452, 452, 453, 455, 457, 460. 467, 469, 509-510,
510, 530-531, 531, 566-567, 670.

Reports of — 26, 26, 40-41.
Stinson, S. T., representing Leavenworth county.

Committees — 68-69, 229, 241, Bennett 363.

Mention of— -14, biographical 657-658.

Motions by — 15, 17, 17, 18, 18, 19. 21, 21, 23, 23, 27, 27, 27, 27, 28,
28, 29, 41, 95, 110, 120. 124, 125, 126, 132, 134. 135, 141, 141,
142, 143, 144. 149, 150, 151, 151, 155. 155, 157, 168, 168, 168,
negroes 175, 191, 193, 194, 195, 205, 219. 220, 261, 263, 264, 266,
266, 287, 288, 289, 290, 290, 303, 304, 305, 315-316, 317, 320, 333,
333, 348, 348, withdrawn 348, 351, 351, 351, 365, 366, 368, 371,
371, 373, 376, 381, 383, 396, 401, 402, 431, 433, 433, 435, 449,
458, 463, 464, 464, 468, 468-469, 471, 474, 480, 480, 482, 489, 492,
498, 504, 507, 509, 516, 517, 520, 520, 536, 557, 557, 563, 563,
565, 565, 572, 572-573.

Remarks by — 17, 19, 19, 20, 23, 24, 32, 43-49, 87, 96, 118, 129, 135,
135, 138, 138, 138-139, 143, 151, 151, 156, 159160, 167, 175, 194,
205, 220, 220, 262, 263, 264, 264, 266, 267, 284. 284-285, 290, 295,
317, 318, 326, 326-327, 327-328, 333, 339, 348, 360, 362, 366, 366,
367, 367, 373, 384-385, 401, 436, 437, 452, 452, 453, 453, 453, 453,
453, 455. 459, 460, 462, 463, 463, privilege 470. 479-480, 481, 489,
491-492, 492, 500, 502, 502, 514, 518-519. 526, 526. 526, 526, 526,

764 General Index.

Members of the Conventiox — contimied.

526, 527, 527, 531, 533, 533, 535, 535, 536, 537, 538. 554, 558, 558,
559, privilege 571, 571.
Reports of — 15, 191, Bennett 371.
Stokes, Ed., representing Douglas county.
Committees — 68-69.
Mention of — 14.
Motion by — 324.
Remarks by — 122, 522.

Thaciier. S. O., representing Douglas county.

Committees — 68.

Mention of — 14, president vro tern., 67.

Motions by — 15, 16, 17, Martin 20, 22, 28, 38, 41, 54, 72, 74, 95,
104, 112, 120, 120, 121, 122, 133, 135, 137-138, 139, 149, 151,
152-153, 157, 157, 166, 169, 175, 194, 198, withdrawn 199, 200,
201, 204, 205, 219, 220, 221, 222, 222, 222, 260, withdrawn 261,
261, 264, 264, 266, 271, "niggers" 271, 272, 287, 288, 290, 291,
295, 305, 307, 313, 316, 317, 320, 323, 325, 333, 334, 336, 337,
337, 345, 345, 348, 351, 351, 353, 353, 357, 368, 370, 383, 396-
397, 402, 433, 433, 448, 520, 520, homestead 520, 541, 541. 547,
547, 548, 552, 561, 563, 563, 571.

Remarks by — 17, 19, 23, 33, 37, 39, 49-50, 66, 74-75, 76, 77, 104-105,
108-109, 115, 115, 117, 120, 120, 122-123, 123, 123, 123, 125, 125,
127, 128, 129, 130, 133, 133, 134, 135, 135, 136, 136, 137, 137,
138, 138, 138, 139, 149, 151, 152, 155, 157, 157, 161, 171, 172,
179-181, 189, 194, 196, 196, 197, 198, 198, 199, 202, 203, 204,
205, 219, 219, 221, 221, 222, 224, 225, 230, 233, 237-239, 260,
260, 261, 261, 265, 272, 272, 275, 285, 286, 293-294, 312-313,
319, 321, 330, 330, 330, 331, 334, 335, 345, 345, 345, 345, 345,
346, 346, 348, 349, 353, 353, 358, 359, 360, 361, 363, 366. 366,
368, 369, 369, 369, 376, 377, 380, 380, 381, 385-386, 397. 398,
400, 433, 433, 435-436, 438, 438-439, 440, 441, 442, 443, 447,
447-448, 452, 455. 458, 525-526, 526, 531-533, 541, 542. 542. 543,
547, 552, 557, 563, 563, 565, 571, 571, 659, 671.

Reports of — 329.

ToWNSEND, P. H.. representing Douglas couiity.
Committees — 68-69, 269-270.
Mention of — 14.
Motions by — 70, 305, 559, 560.
Remarks by — 122, 168, 196.
Reports of — 191.

Williams, R. L., representing Douglas county.
Committees — 68-69.
Mention of — 14.

WlNCHELL, J. M., representing Osage, Wellcr. Breckenridge, Morris, Chase
and AVise counties.

Committees — 535, 070.

Mention of — 14, elected president 19, biographical 654-655.

Motions by— 18, 87, 88, 102, 102, 103, 126, 129, 132, 138, 138, 143,
withdrawn 144, 144. 174, 174, 174, 200-201, 241, 282, 301, 302,
304, 304, 305, 308, withdrawn 312, 317, 345, 349, 350, 351. 354,
366, 434, 488, 489, withdrawn 489, 514, 543, 543-544, 561.

Remarks by — 19, 39, 69-70, 88, 89, 89-90, 91, 93, 94, 96. 100, 100-
101, 103. 118. 118, 124. 125. 126-127. 127-128, 129, 133, 138. 139.
140. 141. 142, 143, 143, 143, 174, 200-201, 201, 201, 230, 230,
230, 236, 237, 237, 241. 242. 242, 243, 264, 265, 282, 283, 283-
284, 285, 293. 295. 296. 299-300, 312. 313, 313, 315, 316, 317.
319, 320, 330, 349. 349, 352, 354, 367, 367, 368. 381-382, 383.

General Index. 765

Members of the Convextiok^ — rnncludeil.

389-390, 434, 459, 488, 489, 489, 491, 491, .508, 514, 539-540, 540,
542, 543, 543, 543, 553, 561.
Wrihrt, John, representing Leavenworth county.
Committees — 68.
Mention of — 14.

Wright, T. S., representins; Xemalia county.
Committees — 25, 68-69.
Mention of — 14.
Motion by — 19.3.
Remarks by — 162, 466.

Wrigley. B., representins; Doniplian county.
Committees — 68.
Mention of — 14.

Motions by — 35, 37, 39, 40, 76, 89, 96, 103, 123, 132, 133, 141,
143, 143, 144, 144, 148, withdrawn 161, 161, 172, 197, 200, 219,
230, withdrawn 231, 241, 260, 261, 269, 271, 271, 273, 287, 303,
304, 313, 350, 368, 400, 434, 461, 462, 462, 465, 519, 536, 537.
Remarks by — 35-36, 62-63, 89, 91, 93-94, 94, 97, 141, 148-149, 149,
161-162, 162, 200, 222, 242, 244. 248-252. 261. 264, 273-275, 313-
314, 317, 321-322, 324, 350, 383, 398, 434, 445-446, 451, 452,
536, 538, 538-539, 563.

PAGES

Members received pay .scrip 572

Membership of verification committee 670

Memorial, Wood-Espy 40— 52

Memorial ordinance article 499—500

Memorial. Nebraska (see "northern boundary" and "preamble").

Mention of General Pomeroy and Editor Key.ser, honorary seats 184

Mention Messrs. Parks and Clough, of Missouri 184

Meyer Memorial, from table 381

Meyer's protest, allowance of bill 523—524

Militia committee, report on (Blunt ) -. . . 147

Militia, report on 365

Miscellaneous article adopted 459—460

Middleton, ,T. A. (see "members of convention').

Militia (art. 8) 147. 365, 372-373, 549

Militia article adopted 549

Miscellaneous (art. 15). (Homestead.) 270-271, 308-325, 334, 335-337, 337-345

45.5-460, 517-518. 520-523, 555, 555-556

Miscellaneous article adopted 556

Moore, E. (see "members of convention").

Morris and Chase representation 27, 28, 29— 30, 32

Motion to sign the constitution 566

Motions, acknowledgment to officers, Arthur 559

"Mulattoes"' joined with "negroes" in all discriminatory i^rovisions (see "negroes,
etc.").

Nash, Ed. S., journal clerk 69

Nativity of members (see "members of, etc.").

Nebraska delegation 70

Committee of credentials, report on 95

Nebraska Memorial (see "northern boundary" and "preamble").

New England Emigrant Aid Company 500—505

New men and old stagers (see "Appendi.x C-2").
Negro exclusion proposals:

Advantages of schools 172, 175-183, 192, 193

Control of own person denied 272

Refused right of .suffrage 299-302, 303-304, 465-4>'i8

766 General Index.

Negro exclusion proposals — concluded. pages

Entrance to public institutions 175

McDowell's new section "Miscellaneous" 324—325

Maintain "white" in suffrage article 300—301

Cannot come to, nor settle in Kansas 325-465

Privilege of settling denied 56

Prohibited from immigration 121

Refuse right of residence 77

Stinson's new section to education article 195

Suspend anti-servitude clause for 12 months 492

United States laws on slavery enforced 273—236

Nichols, Mrs. C. H. J., mention of 72

Northern boundary of state. See "boundaries" and 70, 95, 121, 122, 204, 205-219

229-230, 230-236. 237-240, 243-245, 250-261, 262-264, 384-396

Addresses, Reeves 205-212

Taylor 212-217, 239-240

Committee of thirteen, appointed 122

Committee of thirteen, ordered 121

Committee of thirteen, membership 122

Committee of thirteen, report 204

Explanation of votes 396

Great debate on 384-396

Memorial to Congress proposed 384—396

Oath taken by members 24

Oath taken by officers of convention 24

Officers of convention after twenty-three years 674—675

Ohio constitution chosen as basis of action 39— 40

Order of business, committee 25

Ordinance (see "discussion of" and "reports of" under "Convention Sessions").

Ordinance — Land grants for schools and roads 171, 363-365, 365-371, 433, 499

Ordinance memorial adopted 505

Ordinance memorial, roll call 505

Organization of convention. See "Appendix C," and 15-656

Chairmen of committees 656

Officers of Convention:

Blanchard, J. L., assistant secretary; Davis, Werter R., chaplain; Martin,
John A., secretary; Thacher, S. O., president pro tern.; Warren, Geo. F.,

sergeant-at-arms ; Winchell, J. M., president 654-656

Orthography of "Wyandotte" (Winchell) 550

Palmer, L. R. (see "members of convention").

Pamphlet copies of constitution 561

Parks, P. S. (see "members of convention").

Peace act, historic 7

Perdue, Rosa M. :

Mention of 5

"Sources of the Constitution of Kansas" 676—695

Perry, W. (see "members of convention").

Phraseology and arrangement committee reports (see "committees" under title
"Convention").

Phraseology and arrangement committee, authority 379-382

Phraseology and arrangement committee increased 402

Phraseology and arrangement committee report on homestead clause 517—518

Political affiliations (see "members, etc.").
Porter, R. J. (see "members of convention").

Preamble 184-187, 205-221, 228-264, 460-465, 535-537

Preamble and bill of rights 219-221

Preamble and bill of rights adopted 465

General Index. 767

PAGES

Preamble and bill of rights, collated and corrected 535

Preamble considered 264

Preamble and bill of rights considered 228-229, 271-291

Preamble, ordinance and bill of rights finally adopted 538

Preamble and bill of rierhts. report phraseology and arrangement committee. . . . 460—461

President announces standing committees 52

President named credentials committee 21

Preston, H. D. (see "members of convention").
Printing :

Daily Commercial Gazette 29

Official reports 562-563

Wyandotte Gazette 563-565

Prohibition of intoxicating liquors:

Amendment — Table 1, "Appendix A" 593

Table 5, "Appendix A" 595, 647

Preston, resolutions by 457—459

Ritchie, resolutions by 76

Prohibition of liquors in constitution 457—459

Prohibition of intoxicating liquors (Preston) 457

Prohibition of intoxicating liquors (Ritchie) 76

Prohibitory debate 457—459

Property rights of women 698-699

Protest of Slough et al 65- 66

Protest on Wyandotte representation %-ote 65

Publication debates and proceedings 560

Public institutions (art. 7) 171, 174-183, 194-195, 432, 549

Public institutions, article adopted 549

Quarter century of constitution 672

Railroad and school lands 38

Railroad and swamp lands, ordinance 499

Reasons for Kansas' constitution failures 701—702

Records of the convention 559

Reeves, delegate from Nebraska, address (see "northern boundary").

Reeves (Mr.), Nebraska, addresses committee 205-212

Referendum presented by Blunt 203

Referendum remarks by Blunt 203

Referendum, all laws ratified by people (Blunt) 203

Refusal to sign constitution, Slough's reasons 566—567, 569

Registrj- law, schedule 494-495

Remarks on Slough's refusal, Thacher 567-570

Remarks prefacing report on bill of rights, Hutchinson 184-186

Reporters of convention, thanks to 573

Reports (see ""report on" the several articles under "Convention sessions").
Reports:

Bennet committee '. 371

Commissioners of claims 403-430

Ordinance committee memorial 499—500

Petition woman's rights 329

Scullduggery committee 467

Verification committee 670

Representation (see "apportionment").

Representation by counties in the convention (see title "Counties represented,
etc.").

Republican members signing constitution 671

•Resolutions adopted^ 558

76S Gexeral Index.

PAGES

Resolutions (memorial) 499-505, 512, 557—558

Ritchie, J. (see "members of convention").

Ritchie. J., resolution, prohibition of intoxicating liquors 76

Roll calls (120) — first 16-17. election of president 18-19, 27, 30, Wyandotte
delegation 32, 51, 52, 54, 58, 63-64, 64. 65, 65-66, land -question 72, 78, 109,
110, 112. McDowell's negro resolution 121, 140, 141, 141-142, 144, strike out
"white" in militia article 147, 157, 159, 161. 167, 172. negro exclusion schools,
175, 193, negro excluded 194, 195, 195, 221, 222. 227, 261, 264, 264, 267,
269, 271, 271, 282, 285, 286, slavery abolished 287, 288, 292, 297-298, 299,
301, 301, 302, denying negro suffrage 303, 303-304, 304, 304, 323, homestead
clause 324, 325, 326. 344-345, 355, 355, 361, 361, 361, 363, 376, 378, 379.
882, 382-383, 395, 396, 401, 401-402, 432, 441-442, 442. 443, 448, 449,
450, 450, 454, 455, 455. Topeka capital 457, prohibition 457-458, 462. 464,
464-465, 469-470. 477. 480, 480. 482. suspension slavery 492, 493, 495. 497-
498. 500. 505, 509. 511. 511, 513, 533, 516, 516, separate submission home-
stead 523, 528, tie 531, 534, call of house 570. adopting constitution as a whole
570-571.

Roll of delegates called ■ 18

Ross, E. G., assistant secretary 13

Ross, E. G. (see "members of convention").

Schedule — 54-56, 77, 190-191, 200-204. 291-292, 305-306, 356. 482-498, 507-
508, 556-557, homestead 556.

Schedule article adopted 498, 508, 557

Schedule article report 507—508

Schedule, registry law 494—495

Schedule, committee of whole reports 491

Schedule report of committee on (Burris) 190, 191, 291

Schools, common, provided for 698

"Scullduggery" committee appointed, motion, powers extended, reports.... 396,431,432

433, 467
"Scullduggery" debates (see "debates of the convention, great").

Select committee on northern boundary (Forman), report 204

Selection of seats 31

Sessions, committee of the whole (see "committee of the whole, etc.").
Sessions of the convention (see "Convention sessions").
Signor, J. H. (see "members of convention").

.Simpson, B. F. (see "members of convention," "Wyandotte Constitution" — "Ap-
pendix C " ) 652-662

Slavery prohibited 698

Slavery, prohibition of, not suspended 492

.Slavery, suspension of prohibition, against 492

Slough, J. P. (see "members of convention").

"Sources of the Constitution." "Appendix D-2" (Robert Stone),

Northern boundary 697

Ohio's constitution the basis 697—698

Sketch of origin, by articles 697-698

Thacher, greatest speech of convention 697

Sources of the Constitution of Kansas (Perdue) 5, 676—695

Authorities for 694-695

.\rticle 1 , executive 679

Article 2, legislative '. 679-683

Article 3, judiciary 683-685

Article 4, elections 685—686

Article 5, suffrage 686-687

Article 6, education 687-688

Article 7, public institutions 688-689

General Index. 769

Sources of the Constitution of Kansas — concluded. PAGES

Article 8, militia 689

Article 9, county and township organization 689

Article 10, apportionment 689-690

Article 11, finance and taxation 690-691

Article 12, corporations 691

Article 13. bankin? and currency .• 691—692

Article 14, amendments 692

Article 15, miscellaneous 692—693

Bill of rights 678-679

Ordinance 676-677

Preamble 678

Resolutions 693-694

Schedule 693

Resume of, by the editor 695-696

Speech of the convention, greatest (Thacher) 179-181

Standing committees announced 52

"A stately youth" of twenty-three years 675

Stiarwalt, J. (see "members of convention").

Stinson, S. T. (see "members of convention").

Stokes, Ed. (see "members of convention"). ^

Stone, Robert :

Mention 5

"Sources of the Constitution" — "Appendix D-2" 697-700

Suffrage (art. 5) 269-270, 548

Suffrage article adopted 548

"Sunshine of liberty." generous 671

Swamp lands, railroad and 499

Table of contents 3

Taylor (Mr.), Nebraska, addresses on "Northern Boundary"' 212-219, 239-240

Thacher, S. 0. (see "members of convention").

Thacher, speech on freedom 179-181

Thacher, T. Dwight :

Mention 5

"The Rejected Constitutions" — "Appendix E" 704-713

Thanks of Convention:

To Chaplain Davis 560

To reporters 573

To journal clerk 572

To Leavenworth Times ' 561

To Vaughn, J. Champion 565

To Winchell, president 559-560

To Wyandot citizens 560

Territory, debts of (see "debts").

Title "Memorial" changed to "Resolutions" 558

Title page edition of 1859 13

Topeka :

Capital of state 455

Constitution 5, 702-706

Constitutional convention 663.

Townsend, R. H. (see "members of convention").

Verification Committee :

How constituted 535

Members of 535

Work of, reviewed 670

Verification of Constitution :

By articles 535—557

Constitution as a whole 557

49 — 778

770 General Index.

PAGES

Vote on Wood-Espy memorial report 51— 52

Vote on Wood-Espy remonstrance . 53— 54

Vote Wyandotte honorary seats.' 63— 65

Warren, G. F., elected sergeant-at-arms 20

Western boundary 229-235, 236, 244-245, 248-249, 257-261, 261-264

461-462, 463-4Q4, 464, 534, 536-537, 546

"White'' is proposed to be inserted in education article 175

Wild cat banking paper proscribed 698

Williams, R. L. (see "members of convention").
Winchell, J. il. (see "members of convention").
Woman's rights:

Address of Mrs. Nichols discussed 72— 76

Debate 72- 76

Equal in control and direction of schools 122

Hutchinson, petition 72

Report on petitions 329

Ritchie, petition 184

Special committee 169—170

Suffrage discussed 72— 7C

Use of hall granted Mrs. Nichols 383

Women, property rights of, assured 698

Wood-Espy memorial 40— 52

Wood-Espy remonstrance 52— 54

Wood, Sam, mentioned 23

Wood, S. N., memorial 32

Wrangling over apportionment report 480—482

Wrigley, B. (see "members of convention"').
Wright, John (see "members of convention").
Wright, T. S. (see "members of convention").

Wyandotte Constitution a-1 Convention 664

"Wyandotte Constitutional Convention" (Simpson), "Appendix C" —
Delegates to the Convention:

Ages of 652-654

Avocations of 652—654

Counties of 652-654

Debaters 660

Leaders of thought amongst 656—657

Nativity of 652-654

New men and old stagers 654

Old stagers, new men and 654

Political affiliations 652-654

"Scullduggery" investigation 661-662

Subsequent biography of 660-661

Territorial legislators amongst 655

Thacher, speech on "Freedom" 659

Apportionment "gerrymander" 670

Boundaries 668

Capital at Topeka 669

Committees 666-667

Features of the constitution 668-669

Foster, author of homestead clause 669

Ingalls truth in libel, submitted to jury 6G9

Kingman, father of homestead 669

Membership 664-666

Origin of bills in house 668

Progress of work 667-668

Prohibitory law (Preston) 670

Slavery killed in Kansas 670

General Index. 771

Wyandotte Constitutional Convention — concluded. pages

Topeka. capital 669-670

Verification by special committee 670

Winchell on origin of bills in house 668

Working body 660

Wyandotte delegation 16. 17, 18, 19, 20. 27, 31, 32, 34, 36, 57- 86

Honorary seats allowed 78

Wyandotte Commercial Gazette proposition 562

Wyandotte, orthography of 550

English, "Wyandot."
French, "Wyandotte."
Indian, "Wyanandot."
Unauthorized, "Wvandott."

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Full text of "Kansas Constitutional Convention. A reprint of the proceedings and debates of the convention which framed the constitution of Kansas at Wyandotte in July, 1859"

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